Design Patent Registration
Design Patent registration gives exclusive rights to its owner and creator. The registration gives authority to the creator to use the design for a period of ten years, the time period can be extended for five more years. In case of any infringement, the owner can seek legal help under the Design Act.
According to USPTO patent law, a design patent is granted to any person who has imaginary any new and no obvious ornamental design for an article of manufacture. The design patent protects only the appearance of how an article, but not its structural or functional features. A design patent protects only the ornamental manifestation of an invention, not its utilitarian features. A utility patent would protect the way an article is used and works.
Benefits of Design Patent Registration
An industrial design can add some extra value to a product, and it can also make the product attractive and engaging to customers, and it may even be its distinctive selling point. Thus, protecting precious designs should be an essential part of the business strategy of any manufacturer or designer. The owner of design gets the exclusive right to avoid its illegal usage, copying or duplication by others. This makes sense as it improves the business competitiveness and often brings in additional revenue. Other benefits are as follows:-
If you believe that the design or appearance of your product is different, and has never been produced by others earlier, a design patent can be notably helpful to protect the design of your product and prevent additional competitors from replicating that design for their own benefit.
When something has a trademark, it has markings that designate who makes or markets the product. The purpose of a design patent is not to identify the company that makes the product but instead to protect the elements of the design. A design patent must be a new and unique design that has never been used before. However, trademark a design that is not significantly new, but is associated with your product or services in the eyes of your customer.
If the value of your product's appearance is small compared to its function, then you should consider filing a utility patent application. However, if you believe that the appearance of your product is unique and worth protecting from knockoffs, then a design patent may be a worthwhile investment.
The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features.
A design patent in India is a patent granted on the ornate design of a functional item. Design patents are a type of industrial design right. ... According to USPTO patent law, a design patent is granted to any person who has imaginary any new and no obvious ornamental design for an article of manufacture.
When a design is created for a unique, innovative or novel object, be it a labour-saving device, mechanical or electrical component or anything else that it is thought can be produced and sold in profitable quantities, the designer may apply for a patent. A patent is a form of intellectual property protection.
To qualify for a design patent, the subject must be new in the sense that no single, identical design exists in the prior art, it must satisfy the ornamental standards, and it must be original to the inventor or inventors seeking protection.
A patent is acquired for an invention which is new and useful and for its functions and processes as well. A patent restricts others from copying it. Whereas a design is obtained in order to protect the aesthetic or ornamental features of a product. Both patent and design can be acquired in respect of the same product.
Both design and utility patents may be obtained on an article if the invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamental of an article may not be easily separable.