If a design is made during the course of the author's employment, the employer may automatically acquire the right to apply to register the design, although not always. The design rights can be assigned from one person to another. If the author dies or is incapacitated, the right to apply may vest in the author's executor, administrator or other legal representative. Design Registrability searches Time and budget permitting, it may be wise to conduct a search before applying to register a design. If the same or a similar design has been disclosed, anywhere in the world, the design may not be protectible.
Worldwide searches are impractical, so a limited search is usually made in only one country.
The object is to make a reasonable assessment of the prospects for obtaining worthwhile design protection. Search results can also be useful in preparing an application for design registration. Searches need not be confined to the records of an Industrial Design or Patent Office. Trade catalogues published anywhere and at any time by manufacturers of similar articles are often worth searching for relevant prior art designs. Information we require to conduct a search To conduct a search we need sketches, drawings, photographs or a specimen of the design, showing all features of shape, ornamentation or patterning which are to be protected.