Introduction
A design patent is a kind of intellectual property protection that protects the design/ or the aesthetics of an article. A design patent does not protect any functional feature of the article, it specifically protects the non-functional design applied to any article.
Unlike utility patents, which protect the use and functioning of a product, design patents protect how an item appears. This article explores the concept of design patents, their significance, and how they function in different contexts, such as in India, with examples and famous cases.
Design Patent vs. Utility Patent: Understanding the Difference
Design patents are often get confused with the utility patents, as both protects something minimal but in reality, both the concepts are totally opposite.
A utility patent is for the functional features of an invention, aka–the how it works or what its function/use. If you, to give a simple example, come up with a new type of engine which then needs protection on the mechanical aspect of it would be an application for utility patent.
Unlike design patents, which protect the visual characteristics of a product (e.g., its shape and surface ornamentation or overall appearance), utility patent primarily focuses on how an invention is used and works. Such a patent is important when the look of a product has an effect on its marketability. A design patent, for example, could cover the particular shape of a smartphone or an original look in furniture development.
What is a Design Patent Used For?
A design patent protects an item’s appearance, conferring upon the owner a right to exclude others from creating, using or selling anything bearing substantially similar design characteristics. This is to protect the investment of companies and individuals interested in their product’s visual design, which can be a significant point of differentiation on the market.
Industries like fashion, technology and automotive (among others), which rely heavily on the look of a product for consumer appeal will likely benefit more from design patents than other tech companies. Design patents protect the design of an invention, so as to prevent competitors from copying the look and gain a competitive advantage.
Design Patent Example
For example, let’s take the iPhone from Apple. A design patent covers the iPhone’s rounded rectangle shape. This right of patent makes it impossible for others to come with designs which are almost same as that iPhone, and this gives Apple a cutting edge — above all the competitor.
Coca-Cola bottle is also an example of famous design patent. With a design patent, the iconic bottle with its unique contour shape is well known and easily recognizable around the world.
Design Patent in India
A design patent in India not considered as a patent, it is called a design and is protected by Designs Act of 2000. A registered design is protected for 10 years from the date of registration, which can be extended by additional five years.
To get a design registered in India, the design must be new and original, which has not been published anywhere before; and it can also apply to an article of manufacture. Design registration is not automatic- an application must be filed for the design with the Indian Patent Office, and it examines such a Design governs any part thereon as provided under law.
Famous Design Patents
Some of the most famous design patents include:
The Apple iPhone: As reiterated aforesaid, we saw that design patents have been used by Apple to give their smartphone unique identity in this market.
The Coca-Cola Bottle: The contour bottle design is a great example of design patent protection that has lasted through the ages and signals to consumers what they are drinking as soon as they see it.
The Rubik’s Cube: The classic Rubik’s Cube is a perennial favorite puzzle globally with its distinctive colour pattern and arrangement rightfully the protected design of numerous patents.
How to Conduct a Design Patent Search
Before applying for a design patent, it’s crucial to conduct a design patent search to ensure that your design is unique and has not already been patented. This search involves reviewing existing patents to determine whether your design is novel and non-obvious.
In India, you can perform a design patent search through the Indian Patent Office’s online portal, which provides access to registered designs. Internationally, databases for conducting design patent searches are available online through the World Intellectual Property Organization (WIPO) and USPTO.
How to Patent a Design for Free
While there’s no way to completely patent a design for free due to government fees and legal costs, there are ways to minimize costs:
Self-Filing: You can file the design patent application on your own without using a patent attorney. This method does require a working knowledge of the laws concerning these hero programs and how to apply.
Pro Bono Services: Some provide patent services to inventors who cannot afford the professional fees.
Subsidies for Individuals and Small businesses: Some patent offices, such as India’s patent office provide concessions to individual inventors or small entities.
Be that as it may, we suggest you take advice from a patent professional instead of committing application mistakes.
Conclusion
Design patents provide invaluable protection for the outer appearance of a product, ensuring that inventors and manufacturers continue to lead in product aesthetics.
From how long design patents last to the requirements needed for your product, this article covers everything makers of visually distinctive products should know before trying to protect their new smartphone design, furniture designs and more!
Design patents are what secured design intellectual property for so many famous objects, the Coca-Cola bottle, crocs not least among them, and navigating how to get a similar design patent in India can make or break your new product’s time on store shelves.