Well, before discussing the industrial design and design patent, let’s see what the patent is. The patent is the exclusive rights granted to an inventor or assignee by the federal government or sovereign state that permits the inventor to exclude others from using, making, selling or the invention for a period of time. Patents are the form of intellectual property. This is designed to encourage inventions that are unique and useful to our society.
This article focuses on the difference between a design patent and industrial design. Thus the differences between them on different basis are:-
Difference Between Industrial Design And Design Patent
In the legal sense, an industrial design is a design which constitutes the ornamental or the aesthetic aspect of an article. An industrial design may consist either of three-dimensional features, such as the shape of an article, or its two-dimensional features such as its patterns, lines or color.
However, a design patent helps to protect only the ornamental appearance of an article, and not its structure or its utilitarian features. If a design, However, is utilitarian in nature as well as ornamental (such as an ergonomic computer mouse design which helps to make the mouse more comfortable to use, then it can be filed as a design patent.
The owner of a registered industrial design has the right to prevent the third parties from making, selling or importing the articles which bear or embody a design which is a copy, or substantially is a copy, of the protected design, when such acts are undertaken for the commercial purposes.
The design patents help to provide meaningful protection to a product’s design as to when the design was developed for the purpose of creating an ornamental look to a product.
3. Kinds of products that are benefitted from its protection:-
Industrial designs are applied to a wide variety of products which belongs to the industry and handicraft items: from packages and the containers required for furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to the textiles. These also may also be relevant to the graphic symbols, the graphical user interfaces (GUI), and the logos.
Whereas the products that are benefited from the protection of design patents are paintings, songs, books, and sculptures?
4. How are these protected?
In order to protect the industrial design in most countries, an industrial design needs to be registered in order to be protected under the industrial design law as a “registered design”. Also in some countries, Industrial design laws grant them protection without registration and the industrial design in which the time- and scope have limited protection are called “unregistered industrial designs”.
However, if you want to protect your design patent, you should file a patent application. The specifications of the design patents are short and they follow a predefined form. Only one claim can be permitted, and that particular design patent must follow a specific form. However, if the application is allowable, the Patent and the Trademark Office will forward a notice of allowance to the applicant’s patent attorney. Also, no maintenance fees are necessary to maintain a design patent which is in force. The design patent however only has 14 years validity from the date of issuance.
You may refer to the article: new-Indian-trademark-registration-rule-2017