Jan 30, 2012 12:22 PM
In this article, we will briefly introduce and explain the concept of ‘Design Patent’ within the
framework of Intellectual Property. We will then delve into different types of ‘Design Patents’.
Intellectual Property (IP) is intangible property. It is something that you, your mind has created. It can be a design, a logo, a name, a number, a business model, a novel, a story, an article, a music composition, lyrics, research, and so on...
Broadly IP can be classifed into three different categories - Trademark, Copyrights and Patent and in one of our previous article within this series we had explained how ‘Design’ can fit within all three broad categories of IP. In this article we will further explore concepts related to ‘Design Patents’.
So what exactly is Design Patent?
A Design Patent is a visual and artistic presentation of lines drawn in different ways by
the creator / inventor. They can be with color or without any color. It can be anything - design of flowers, stones, mountains, ornamental designs, human, birds, animal drawings, symmetrical or asymmetrical. To summarize a design is an independent creation of art. What’s important here is that ‘Design’ can a very important intellectual property and can be exploited commercially.
With that brief recap let us continue our foray into understanding the different types of
Design Patents.
Ornamental Design Patent
An Ornamental Design Patent is any type of artistic visual presentation of ornamental appearance / design of an item. The requirements are that that it needs to be novel, non-obvious, and innovative and applied to a product in repetitive manner. Let us consider some examples. understand with examples. The design of bottle of Coca-Cola – is an ornamental design patent. The shape and design of lines on the bottle is what makes the bottle distinctive, unique, and innovative. Furthermore it was thought, created, and design for that particular repetitive product.
A design patent of this nature protects ornamental appearance of an article. The concept of ornamental appearance gets tricky at times. Like, the ornamental part of the unit should be
inseparable from the unit, it should not be separable or independent of the article, and it should be part of a useful article. If it is independent and separable then it can get protection under different branch of intellectual property rights but not under Design Patent.
Another important restriction with this type of patent is that the ornamental feature should not control the functional part of the unit. If ornamental features control the utility part, then registration and protection of design patents become complicated. Say for example, appearance of mouse of any computer unit, which is novel and ornamental. If that appearance of mouse makes it is more functional then that ornamental part becomes part of the main function
of the unit and therefore difficult to get protection under design patent. It may get protection under different branch of Intellectual Property Rights but not under Design Patent as an ornamental design patent.
Industrial Design Patent
As the name suggest, Industrial design patent is attached with designs involving the material goods and manufacturing industries. It involves engineers and their design of products in specific industries. Simply put it is more of three-dimensional design – say design of car, furniture, packaging device, manufacturing tools, etc. It is more focused on how the things are produced in mass then an independent item. An industrial design patent is a combination of art and science. Its main feature is that it has to be related to the functionality, utility, and mass production of a product. Similar to Ornamental Design, design that is more useful for the utility part of the unit, then it gets complicated to get protection under industrial design patent.
Overlap of Design - Patent / Copyrights / Trademarks
As we have earlier explored, a Design can overlap with different IP concepts such as patent, copyrights, or trademarks. One can register a ‘Design Patent’ for the visual characteristics of an object for example an ornamental design. Furthermore, an ornamental design with an independent aesthetic feature is an art of a creator and therefore it can be subject
to registration and protection of Copyrights as well. If the same design is, also a source indicator, that is, it suggests the name of manufacturer or source then it can also be registered and protected under the Trademark laws, if certain conditions are met.
The registration process can be complicated and the qualifications for registration of different protections can get severely confusing. When registering with a commercial perspective, one is advised to solicit legal advice to ascertain and understand whether your design is eligible for registration as patent design and copyright or patent design and trademark, or trademark and copyrights or patent design and copyrights and trademark.
It is very important that you protect your rights. Law Office of Heena N. Kampani can help to protect your business mark, creation, or invention by registering or renewing with appropriate authorities, or by taking necessary action against infringement of your rights. Contact our office to bring valuable commercial viability to your business, creation, or invention.
