What are industrial design rights and design patents?

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.

What is Industrial Design?

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.

How to register a Design Patent?

Two steps are necessary for registration. You must first submit written details regarding the design. The graphic and explanation are part of the second step. Until both are finished, the design patent will not be awarded. Currently, it can take anywhere between 12 and 24 months. After receiving a design patent, your patent will be valid for 5 years. You can renew it once during the final six months of your five-year tenure. The design patent is valid for 14 years, but if you can prove its worth, significance, and ongoing demand, you can ask for an extension. If not, the USPTO will deem the additional protection provided by copyright law adequate. You will have an even stronger legal foundation to stop anyone from utilizing your design once you have submitted your application and received your industrial design patent. In some areas, if you prevail in your claim, you can also ask for whole damages and a refund of your legal expenses. Although it might be challenging, obtaining an industrial design patent can be beneficial.