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Introduction
Did you know that your favorite emoji or a piece of jewelry can also be patented? When we talk about patents, it’s typical for most folks to first think of utility patents; the legal protection covering everything from apparatuses and processes to products and compositions of matter. However, not all patents are the same. Broadly speaking, there are two distinct categories of patents: utility patents and design patents.
We think it’s safe to assume that you are already familiar with utility patents – the most common kind of patents. Utility patents protect the intellectual rights of inventions and processes. But what are design patents?
In simple terms, a design patent is granted to enforce legal protection on the ornamental features of a manufactured item. It offers protection to the aesthetic appearance of an invention so that competitors cannot copy the exterior ornamentation and design that also serves a practical function. Read on to find out more about design patents and understand how design patents are a boon to brand identity and how they secure product protection.
What Exactly are Design Patents?
Design patents are a category of legal security granted to the distinctive or unique visual qualities of a manufactured product. Design patents consider the unique shape, surface ornamentation, or configuration of items.
Within intellectual property law, design patents are used for protecting the ornamental or aesthetic features of an invention. Where they differ from utility patents is, unlike the latter which safeguards the functional aspects of an invention, design patents are concerned with the appearance or visual characteristics of a product.
Design patents are granted for a 14/15-year period, which is shorter than the 20 years of utility patents. Moreover, maintenance fees are not required for design patents.
The Origins and Regulation of Design Patents
In comparison to patents and trademarks, design protection is a relatively recent idea. The origins of design protection can be traced back to the United Kingdom; the Designing and Printing of Linen Act of 1787 provided the earliest form of design rights, albeit with a mere two months of protection. Subsequent updates to legislation in 1839 and 1842 extended this period to one year for textiles and up to three years for some other items. The United States followed suit and issued the first design patent in 1843.
Design rights enforcement and cross-border protection were made easier with the introduction of the Hague System by the World Intellectual Property Organisation (WIPO) in 1925. The Hague System laid the groundwork for a global regulatory structure for design protection.
In India, the Designs Act of 2000 and the related Designs Rules of 2001, which repealed the 1911 Act and went into effect on May 11, 2001, are responsible for the registration and protection of industrial designs and design patents. The most recent modification to the Designs Rules, which added a new application category called small entity in addition to natural persons and entities other than small entities, went into effect on December 30, 2014.
The Need for Design Patents
The ornamental aspect is the defining factor in delineating design features which strictly define the non-functional characteristics of a product. However, distinguishing between the utilitarian and the aesthetic element in an invention often becomes challenging. Consequently, both a design patent and a utility patent can apply to the same item, offering distinct legal protections.
For instance, let’s consider a bicycle:
The bicycle’s standout frame shape and surface detailing are just ornamental elements eligible for design patent protection. Moreover, materials used in the bicycle’s construction may also qualify if they are only ornamental rather than having structural utility. On the flip side, if you were to invent a novel and non-obvious braking system for the same bicycle, that would be a functional feature and would require protection via a utility patent.
Other examples of protectable designs include:
- The contour of a kitchen appliance, such as a blender.
- Handcrafted engraving or carving on the handle of a knife.
- The external design of gaming consoles, like Sony’s PlayStation or Microsoft’s Xbox.
Depending on the specific nature of a design, it may also be eligible for copyright protection in certain jurisdictions. For instance, in the European Union, Mexico, China, and Brazil, designs may concurrently qualify for copyright protection. However, in Japan, items eligible for design registration typically do not qualify for copyright protection. In contrast, in the United States, copyright protection for the ornamental aspects of a useful article is feasible only if those elements can be perceived as independent works of art, which is different from the protection offered by design patents.
How Design Patents Enhance Brand Identity
Design patents are more than just legal protections; here’s how they are vital in improving brand identity:
- Design patents protect standout visual elements to reinforce brand recognition.
- Legal protection ensures products stand out, which helps brand identity and boosts consumer loyalty.
- Patents maintain design consistency; consistency in the product lineup means your products are instantly recognizable. fostering trust and brand integrity.
- Design Patents prevent imitation of your design language by competitors and rivals.
- Exclusive rights add value and position the brand as premium and competitive.
Companies separate themselves in the marketplace and create a strong visual identity by securing exclusive rights to a unique design. Take, for example, the instantly recognizable design of the Coca-Cola bottle. This shape is not simply globally familiar; it is also protected by a design patent that legally ensures that no other beverage company can use a similar bottle design without infringing on Coca-Cola’s intellectual property rights.
Another case in point is the design patent held by Tiffany & Co. for their iconic engagement ring setting known as the Tiffany Setting. This patented design features a raised six-prong setting that lifts the diamond above the band to produce a distinct look that has become synonymous with the Tiffany brand.
In a similar vein, the design patents held by luxury fashion houses such as Louis Vuitton and Gucci guard the distinctive design elements of their handbags, including signature patterns, hardware and silhouettes. Along with putting up a protective barrier around a brand’s creative expression, design patents often also reinforce an image of exclusivity and luxury in the eyes of buyers.
How Design Patents Provide Product Protection
Design patents are the most effective way to obtain product protection by granting exclusive rights to the visual aspects of a product’s design thereby preventing competitors from (re)producing or selling similar designs without authorization.
The iPhone’s design is an exemplary case of design patents providing product protection. The Design Patent for Apple iPhone, Patent USD618677S1, titled Electronic Device covers the ornamental design of the original iPhone, including its rectangular shape with rounded corners, front-facing screen, and distinctive home button.
When Apple Inc. secured a design patent for its smartphone, competitors were legally automatically barred from creating aesthetically identical devices. Apple capitalized on the iPhone’s design appeal and is one of the reasons behind its market dominance and brand reputation.
Case Study: Design Patents in the Automotive Industry
The automotive sector brings an assortment of possibilities for us to investigate the uses of design patents. The Tesla Motors design patent for the Cybertruck, an all-electric pickup truck with an unusual and futuristic look, is one such example.
The Cybertruck’s futuristic headlamps, angular body shape and distinctive door design are all covered by Tesla’s design patent. This design patent upholds Tesla’s brand identity as a leader in electric vehicle technology while also shielding the company’s investment in creating Cybertruck’s creative design.
Furthermore, in the auto aftermarket, where operators specialise in creating replacement parts and accessories for automobiles, design patents are extremely important. For example, T-Rex Grilles is a firm that owns design patents for its bespoke grille designs. These patents permit car owners to add personal touches to their cars while guaranteeing that T-Rex’s exclusive designs are shielded from unauthorized use.
Conclusion
In conclusion, when an innovative idea includes a product with distinguishing ornamental attributes, the prospect of being granted a design patent should be considered. It is also advantageous to think about the idea of acquiring alternative types of intellectual property protection apart from the design patent.
PatSeer offers robust search and analysis capabilities tailored to the constantly evolving landscape of intellectual property (IP). PatSeer AI search brings a significant improvement in result accuracy and precision based on tests run across various fields. Users can filter for Design Patents by selecting “Record type” as Design patent or Design Application or utilize the Locarno Classification system. The patent analysis software allows for comprehensive studies, and the user-friendly yet feature-rich system is designed to meet professionals’ needs, saving time and ensuring high-quality results.
