Industrial design refers to any ornamental aspect of the article. It may or may not add any value to the functionality of that particular article. The design can be two dimensional, such as lines, patterns, or three dimensional, such as the shape of it, etc. Design, along with its aesthetic value, can be of service to the need of disabled people. To sum up, the design represents what the eyes covet.
What Industrial design protects?
The industrial design law encourages design engineers to come up with a design that is innovative and easy to use. Design that complements the functionality of the article. There’s a possibility that a design may enhance the functionality of an article, but the Industrial Design only protects the aesthetic aspect and not the functionality aspect of the article.
Industrial Design law underscores the importance of the aesthetic element. It reminds an inventor not to overlook the design aspect of their invention.
Why should you apply for design protection vis-à-vis your article?
Industrial design confers on the proprietor exclusive right to apply the registered design to the article. You can sue an infringer and recover from them any loss/damage caused to your business because of such infringement. The Industrial design laws register the design class-wise, and the design shall be used only to such specific class. Apart from the above benefit, you can always permit a third-party to use the design in exchange for a royalty.
How exactly is Industrial design laws different from Patent laws?
Patent laws cover the functional element of the article; in contrast, the industrial design law includes only the ornamental and aesthetic aspects of the article. As mentioned earlier, there’s a possibility that a design may enhance the functionality of an article, but the Industrial Design only protects the ornamental and not the functionality aspect of the article.
What do we offer?
Our IP law attorneys have a vast and diverse experience to assist you with the design registration process. The team will formulate the right strategy in sync with your business goals.
We use intelligent software to map registered designs that enables us to ascertain that your design application is not a copy or similar to any previously registered design. And, in case if your design is identical to a previously registered design, you can make amendments and apply after that. It saves you from squandering your time and money because you don’t have to go through the rigmarole of filing applications only to be rejected afterwards. For international applications, the firm is well-networked domestically as well as internationally. It has collaborations with various international associates to strategically safeguard the rights of its clients as and when required.
The firm also has expertise in IP licensing and assignment agreements. You can choose us for any licensing arrangements that you may want to get into to generate maximum profits out of the assignment agreement, along with retaining maximum control over the design.