Expert: Rene Hasekamp - 5/29/2010

Question
hi there i was wondering if you could help me im at a loss... I have recently been in the process of designing a range of medical orthotic shoes for the older lady. I am starting off with a basic style shoe, simple flat been done thousands of times by thousands of different people but am making medical insoles and orthotics to combat diferent problems.. however am now extremely stressed out in regards to protecting my deisgns and not getting sued. Originally i thought that as the type of shoe is already designed in every possible way that i couldnt patent as im not really inventing something just making a more older friendly range. For example there are thousands or orthotic shaped flip flops out there so how do they protect or is it just accepted that people copy basic designs.
However now im hearing about design patents and registering designs. I have my designs pretty much set but as in the UK ( where im from) im extremely cautious about being sued.
So my questions to you are
1. what is the best way to protect my designs. Am very confused regarding trademarks patent registering designs and copyright
2. Do i have to and How to i check for already patented and trademarked designs and if i return some searches that are similar or the same then how do i overcome this
3. If giving the fact that so many shoes are sopied and extremely similar, does registering a design or an art patent actually worth having if as it seems to me as a consumer you cant stop someone remaking an already established product. Wold really appreciate your response on this matter

thanks so so much

Answer
Although I am not an expert in designs, I believe you give the main answer already by yourself, when you state:
"... so many shoes are (...) extremely similar ...".

As to patent protection: If your shoes do not have some unexpected TECHNICAL effect in comparison to all the existing shoes, patent protection seems without chance to me.

As said I do not know much about design protection, but I do know that a new design should be (quite) different from existing designs. See your own remark here. All information you need about designs in the UK should be on http://www.ipo.gov.uk/design.htm That is the place for all correct information. You can also search the database there for existing designs.

Copyright is the easiest part: As soon as you have "created a work of Art" the copyright to it is yours, without any registration. So if the design of your shoes can be considered to be "a work of art" (broadly speaking) they are protected by copyright.

Hope this helps,
Rene Hasekamp.