Design

Design registration

A design is a pattern, shape, ornament, composition, line, texture or any other aesthetic influence. A design for any article can either be two dimensional or three dimensional or both. The design made being an innovative creation of mind, can be turned into an intellectual property by registering the same. A design once registered grants it’s owner the exclusive rights to use it for commercial purpose. This prevents any third party for imitating and making replicas of your original design. In some countries, industrial design is also referred as design patent. An industrial design is valid for 5 years once registered.

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A design patent is a form of intellectual property protection that grants the owner exclusive rights to use and profit from a unique and original design for a limited period of time. Design patents are typically used to protect the ornamental design of a functional item, such as the shape or surface pattern of a consumer product.

To obtain a design patent, the design must be new, original, and non-obvious. In the United States, the design must also be a product of the designer’s own creative work and cannot have been previously disclosed or published. Once granted, a design patent provides the owner with the exclusive right to make, use, and sell the design for a period of 15 years from the date of issuance.

One of the key advantages of a design patent is that it provides protection for the aesthetic features of a product, which can be just as important as its functional features in the eyes of consumers. A well-designed product can help to differentiate it from competitors and create a strong brand identity.

However, design patents are not suitable for all types of designs. For example, if the design is purely functional, such as the shape of a car engine, it may not qualify for design patent protection. In this case, a utility patent would be more appropriate.

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