When you receive a design patent, you have industrial design rights. This kind of patent safeguards the decorative value of a product with a useful function. A design patent is one of the best forms of protection for your product, but obtaining one is more difficult. The design patent necessitates a two-fold investigation to get protection for your product and further enforcement measures to stop individuals from copying your concept.
A registered industrial design protects the distinctive characteristics of the shape, lines, contours, ornamentation, colors, or combinations that make up the entire or a portion of a product's look. This product can be protected per se by registering its industrial design, regardless of its purpose or mode of operation.
A product's decorative or aesthetic features are the exclusive focus of an industrial design. In other words, it solely pertains to how a thing looks as a whole or part. Industrial design, as a subset of intellectual property law, exclusively pertains to the aesthetic qualities of a finished product, or portion of it, and is different from any technical or functional characteristics, even though a product's design may include technical or functional elements. Depending on the specifics of each instance, designs that are thought to be solely governed by a product's technical function may be protected by other IP rights like patents and/or utility models. In certain jurisdictions, trademark registration can protect a product's or its package's form.
The industrial design applies to a wide range of products, from the fashion and handicraft industries and the industrial and medical industries. It also applies to luxury goods like watches, jewelry, and other household and electrical appliances, as well as automobiles and buildings. Regarding product packaging, containers, and "get-up," industrial design is equally crucial.
To secure registration, two steps are required. First, you must submit written details of the design. Second, you must provide the graphic representation and explanation. Both steps must be completed before an industrial design patent is granted. Processing currently takes about 12 to 24 months.
Once granted, the industrial design patent is valid for 5 years. It may be renewed once, during the last six months of its initial term. The maximum protection period is 14 years. If you can demonstrate the design’s continued value, importance, and demand, you may request an extension.
After filing your application and obtaining an industrial design registration, you will have a stronger legal foundation to prevent unauthorized use of your design. In certain cases, if you succeed in enforcing your rights, you may also claim full damages and reimbursement of legal costs. While the process can be challenging, obtaining an industrial design patent provides valuable protection.
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