FAQ Entry #534

This is a respond to a previously asked question about the A' Design Award and Competition. The full list of frequently asked questions can be accessed here.

#534: Is there risk of publishing my design online from the perspective of copyrights and patents?

Once you publish your design online, you lose the ability to patent it. This is because patent laws require that an invention must be both novel and non-obvious in order to be eligible for a patent. If an invention has been publicly disclosed, such as through publication online, it is no longer considered novel and non-obvious. This means that anyone can now freely use, make, or sell the invention, and there would be no legal grounds for the original inventor to prevent them from doing so. Therefore, it is important to carefully consider the potential consequences before publishing your design online, as it may limit your ability to protect your invention and benefit from its commercial potential in the future. On the other hand, unlike patents, publishing your design online does not necessarily affect your ability to claim copyright over it. Copyright is a legal right that protects the original expression of ideas, such as artwork, literature, and music, among others. As long as your design is an original work that meets the minimum requirements for copyright protection, such as being sufficiently creative and fixed in a tangible form, you will still be able to claim copyright over it, even if it is published online. A' Design Award offers a helpful solution to address these concerns through their Concealed Category participation. If you'd like to compete for an award while keeping your design unpublished and invisible online (due to trade secrets or patent applications), you can request to have your design placed in a concealed category or apply directly to one. Concealed Categories are tailored for designs containing trade secrets or those you plan to patent.

Keywords: patents, copyright, patent pending, concealed categories.

The following questions could be related:

• #134: I am interested in joining the Design competition, but I do not have the copyrights or patents regarding my idea/design. I would like to know if I am eligible without them. If I apply without a patent, what could ensure that my idea/design is secure, how can I protect my design/idea.
• #156: Concerning the privacy and publishing settings I am not quite sure which option to go for. I have no patent for my product, yet if I should be a winner then I would be most interested in having my design published and sent to the press. If my design is seen in various media after I have filed for a patent then I would be more reassured. However, if press release takes place when no measures have been taken to obtain a patent, then this would be risky.
• #157: I have my brand or logo patented in my country only. If I were to show this logo in publications, would this be detrimental to the continued existence of my brand, since it will be exposed at an international level where I have no protection. Would an additional copyright covering 164 countries help ?
• #188: Is it safe for me to submit designs that I do not yet have patents on?
• #199: I have an approved patent for my design, can I still join the design competition?
• #226: Will my award winning entry publicly visible? Can I patent it after results announced?
• #286: I would like to know who will have the patent of designed product. will it belong to winner or your committee?
• #309: Will the intellectual property rights of the designer be protected as a result of the submission of the design?
• #340: I have submitted my design. But I haven't got a patent yet. Is it safe (my design will not be stolen) if I submit my design? If there is a risk for me losing the patent of my design, I might think again before joining the competition?
• #341: Can I join the design award competition without a patent?
• #413: Do I still remain the sole owner of the copyright to my works, if I nominate my work to the competition?
• #450: If the winner design is in a concealed category, will these works be displayed in the award ceremony in the screen or stage?
• #456: I have an award winning work, will the design award cover the cost of my international patent application?
• #509: What are the difference between patents and copyright for the costs and duration?
• #510: Can I take someone else photo or design and use in my design or work?
• #511: Is my design protected by copyrights?
• #524: How long will the results of the A' Design Award be kept confidential?

If you did not find your answer, please feel free to check the faq pages for more questions and answers. You will also want to check our webpage for details; thanks to our transparency policy, we document and publish everything.