The appearance formed by various elements or features that can be perceived by human senses, such as line, shape, color, shape, texture, flexibility of the material or ornamentation of a whole or a part of a product is called design.
Many of us are already familiar with certain intellectual property assets such as trademarks or patents. However, despite their relevance and potential appeal to businesses, little is said about industrial designs and the advantages an entrepreneur gains by registering them.
An industrial design or drawing preserves the external novelty or appearance of a product (or part of it).
Design consists of two-dimensional features such as lines, contours and colors as well as three-dimensional features such as shapes, materials, textures and ornaments; in short, all features that have something to do with the aesthetic value of the product.
With this in mind, we will explore what you need to know about registering an industrial design.
The Importance of Industrial Designs
The main purpose of a design is to make a product attractive and attract the attention of the customers as well as influence the purchasing decision of the consumer.
In other words, the success or failure of a product's sales may be due at least in part to its appearance. Therefore, industrial designs can be very important for both small and medium enterprises (SMEs) and larger companies, while sectors of activity are unimportant.
Benefits of registering an industrial design
The main reason for the registration of industrial designs is usually fear of being copied.
However, it is good for you to know and understand that registration is also the best way to prove the authorship of a product's design.
On the one hand, it gives exclusive rights of use in the market; on the other hand, it provides economic benefits through licenses or transfer of ownership.
Products that can be registered for industrial design
The word "industrial" has led a large part of the population to associate them with elements of industrial production or machinery, but this is not necessarily true; The definition of "product" covers both craft and industrial products.
Requirements for registration of industrial design
When an entrepreneur puts effort into a product and decides to protect it in order to obtain the exclusive right to prevent third parties from duplicating it, the design must comply with one or both of the following two requirements, according to the laws of the country in which registration is requested: Novelty, Originality.
The assessment of novelty and originality varies from country to country. An industrial design is generally considered new if it has not been publicly disclosed before, and may be considered original if it differs significantly from known designs or combinations of known design features.
Depending on the applicable law, the application for registration of an industrial design or granting of a design patent may be made in person or a proxy may be required.
Why is the application date important?
Given the innovation requirement of most industrial design laws, application time is essential.
According to this requirement, it is essential to apply for registration before a design is disclosed to the public so that it does not lose its innovation status.
For example, if the industrial design was previously made public through an advertisement posted on the company's website, it can no longer be considered "new" and may become public domain.
However, some countries allow a grace period for the application to be submitted after the industrial design has been disclosed. This means that a product can be marketed for a period of 6 or 12 months prior to the filing date, depending on the jurisdiction.
Does an industrial design need to be registered to benefit from protection?
In most countries, an industrial design must be registered to be eligible for protection as a "registered design" under industrial design law. In some countries, industrial designs are protected as "design patents" under patent law.
Leave your name and phone number to inquire about our services.
Our team will contact you as soon as possible.
