You have got the spark! You have thought of a fresh appearance in a product, perhaps a sexy new smart phone, an adjustable coffee machine or even a frosty cool design in a fabric. That particular appearance is what we describe as an Industrial Design. It has got nothing to do with how something works linked to its uses, its shape, its configuration, its surface patterns or ornamentation.
And this is an important step before you start all in production, marketing or even applying to obtain official protection of the design: Industrial Design Search. It is to act as a detective when it comes to shapes, patterns and aesthetics. You are looking through official documents to determine whether somebody has previously secured a design, which resembles your design.
Why bother? Since it can save you enormous headache (caused by yourself and lots of money!) later on by doing this detective work today.
What is the point of Detective Genius? It Is Easier Than You Might Imagine!
Do not get in Trouble: When we mistakenly use a design which is the property of the other person it can drag us into costly law suits, recalling of the products used and a lot of headache. Search will prevent you to be in this risky case. To know now cost much and is very easy as compared to knowing later!
Use Your Originality: To receive your own official protection on your design (known as a “design patent” in some countries, or a “design registration” in others), it must be unique and original as compared with what is already existing. You can substantiate this after a proper search and your application is so much stronger, as you increase your chance to succeed.
Improve Your Design further: Viewing what has already been done then you can understand the current market trends, especially the gaps present in the existing design and polish your own design so that the features that do not exist in other designs come out best. You may even get inspired with new directions!
Peek at the Competitors (And it is Legal!): It is legal and intelligent business. Through searching, you can know what other firms in your industry are coming up with and securing in terms of unique designs. This provides you with golden information about which way the market is moving, possible competitors and the place of your innovation in the scenario.
Look up “Free” Designs: In some cases the protection of old designs expires after a given number of years (usually 10-25 years, depending on the country). When they do, they go into the so-called public domain, i.e. you are free to use them as inspiration or even as-is (but dont forget to double-check that there are no other protections, such as trademarks, involved). This might make a fantastic “prior art” or even direct inspiration.
The Databases–Your Tool Kit in Industrial Design Search!
Official industrial design knowledge bases can be regarded as global online repositories of intellectual property in designs. This is where the main chances of designers and business firms are registered in their appearance as unique products. These are the most important ones that you will be interested in:
- WIPO Global Design Database (The Worlds Collection)
What it does: This is an amazing launching pad of your query since it is an agglomeration of designs that have originated in numerous and disparate countries (those that are members of the Hague System) and those despatched in dissimilar country intellectual property bodies. The world intellectual property organization (WIPO) handles it as an international organization.
Why: It gives a wide international view meaning that you are able to know whether your design is comparable to what is registered in the globe. It is usually the most effective way of commencing where you are not targeting only one particular country.
The way to use it:
You can access WIPO Global Design Database online: https://www.wipo.int/en/web/global-design-database
Simple keywords to start with there should be in the search line (e.g. 1, chair design, smartphone casing, packaging box, lamp shape, mug, toy car). Consider how the item can be described by people differently.
Your Super-Secret Weapon! (The “Locarno Code”):
Never be afraid of the name! Locarno Classification is simply an international method which classifies products in categories. Take, as an instance, that all the “chairs” come under one code (say 06-01), and all the “bottles” under another (say 09-01). Searching the appropriate Locarno code of your products is very powerful as it assists in searching the right item and ignoring the rest. There is customarily a method of searching these codes in the WIPO database (often a list of alphabetically ordered goods). It is like going through a vast library by shelf number which is so much easier.
Give attention to Pictures! Industrial design has everything to do with appearance. When you search you will get to see drawings and photos of the designs. Glance at these very carefully even before reading the descriptions.
- USPTO design Patent Database (In the USA market)
What it is: In the event that you are specifically interested in working with the United States market, or in case your design may either be sold or produced in the United States, the U.S. Patent and Trademark Office (USPTO) will have its own design patent database.
The reason to use it: The US is a large market, and design patent system within this particular jurisdiction is rather solid. It is vital to make a US-specific search in case you are interested in the US market.
The use:
Go to the Patent Public Search tool in the USPTO: https://www.uspto.gov/patents/search/patent-public-search
This is a tool through which you can search utility patents, as well as design patents. Keywords will concern the appearance of your design (e.g. curved display, textured handle, ornamental pattern). It should be noted that in the searching you should be specific that you want to search design patents.
Here, again, what is emphasized is the drawings and images given. All design patents availed by the USPTO have detailed drawing sheets.
- Intellectual Property India (IP India) – Search Designs (Of India!)
What it is: This is your official place to go to when it comes to designs registered in the country as far as we are concerned here in India. It is regulated by Controller General of Patents, Designs and Trademark (CGPDTM) belonging to Ministry of Commerce and Industry.
Why do I need to use it: In the case that you will be selling or producing your design in India, or you are an Indian designer, it this database is required to ascertain that your design will be unique in the Indian market.
The usage of it:
At the Intellectual Property India official web site: https://ipindia.gov.in/designs.htm
Search a page that has more information concerning Designs then search a caption that reads public search or designs search. This will lead you to the search portal.
You can search in a number of ways; by the official (Design) Number (if you know it), by the (Applicant) Name (the company or person who applied) or by the “Title of the Design” (a brief descriptive name given to the design).
Remember Locarno! Similar to WIPO, it is great to use the right Locarno code in your Indian search. It will make your search highly efficient and accurate as you can now see designs in the right product category.
The results will normally be in form of a list of designs that contain major details and often a minor image. Touch results you want to get bigger drawings or photos.
- Design View (In Europe)
What it is: This free and easy to use site is operated by European Union Intellectual Property Office (EUIPO) and makes available registered designs in the EU and most of the rest of the European world. It is an excellent shopping centre in much of Europe.
Why make use of it: In the event your market reaches Europe, DesignView is the best way to search numerous nations in a single query.
What does it mean? How to use it?
Visit Design View site: https://www.tmdn.org/designsview/
Design View is quite graphical and friendly. Keywords (such as chair, phone cover, and shoe due to Cinderella), as well as the Locarno Classification, can be applied in order to improve searches.
It even includes an Image Search, where you can occasionally drag in a photo of your design (or a drawing), and can locate visually matching registered design in this way, which is a brilliant shortcut!
Deconstruct Your Design: (What Makes it Look Unique? )
The first thing that designers ought to do is an extremely close inspection of their own design long before touching a search bar. What are its visual characteristics? Is it the total contour? A certain design on the surface of it? The aesthetic way in which parts fit? The texture?
TIP: Think of explaining your design to a person on the phone and they can never see it. How could you describe its unusual look? Decompose it into little pictorial units (e.g. curved handle, segmented body, perforated surface).
At this point, make those visual thoughts wordy. Use uncomplicated descriptive words.
In case of product: smartphone, bottle, shoe, furniture, toy, and packaging.
The visual attributes of it are: sleek, geometric, organic, patterned, ribbed, tapered, fluted, ergonomic, Minimalism, textured, perforated.
Carry the Search: (Begin Broad and Then Be Specific!)
Start Broads: Start with known Locarno code and couple of general keywords in one of the databases (WIPO Global Design Database or DesignView are excellent ones to start with).
Precise: In a case where it returns too many results, then use more specific keywords, or better Locarno subclass. When you receive too few ones, consider using wider keywords or various synonyms.
Apply Filters: Majority of websites have filters on the side or top. It is possible to narrow results by:
Periodic: Search designs that have been registered after a given year, or between a given period.
Applicant Name: you can put in the name of a company that you are doing research about.
Design Status: Other databases allow displaying the designs with status of “registered”, “applications”, or “expired”.
Boolean Operators (When possible): It is possible to add Boolean tab terms like AND, OR and NOT in combination or as exclusion of the keywords in some advanced search tab fields (e.g. (handle OR grip) AND (curved NOT straight)).
Keep Good Notes: (Your “Detective Log Book”))
You should keep a record of all the websites you browsed, the keyword phrases specifically and the Locarno codes, dates of searching and designs that appeared in similar fashion. Write also why you believe that they are different or similar. This is your due diligence record and will prove worth its weight in gold in case you decide to seek design protection over your own designs in the future.
Notice the difference between the drawings marked with a broken line and a solid line: In design patents, a dotted line or a broken line normally indicates components of the product that are independent of the design patent (they just require context). The patent really takes care of and covers the solid lines. This difference is important!
Download and Compare: In case there is a possibly similar design download the whole document. Compare with your own design all the various views (front and back, side, top, bottom and perspective views), carefully observing and comparing.
Conclusion
It may appear that conducting an industrial design search is a very complicated process, but by using this guide you are now in the position to know how to conduct your own industrial design detective work. Not only is this important step a way of having you evade any expensive legal fallacies but also enhances your own design applications and a good source of information in relation to the trends in the market and the activities of competitors.
Warning: it is important to make sure that your design is actually unique so that it will succeed and it will not conflict with the other things that you will do. Conducting such searches diligently, you will not only secure your invention, you will also cleverly prepare the territory of the innovation that can really be conspicuous.
How Intellect bastion help?
We know at Intellect Bastion that your industrial design does not belong in a art book, it is a strong branding tool that lays stake to the industry and the faith of the consumer. We have realized that such distinctive looks are very susceptible to manipulation.
Although through this guide you will have been enabled to make serious self-analysis, it is important to know that in complex cases, in those with high-stakes designs and situations where you require a legal opinion in regard to whether your design is indeed unique and protectable or not, it is always a good idea to seek the services of an Intellectual Property expert.
Intellect Bastion has the experience needed to ensure that businesses get robust and enforceable protection of their industrial designs through their IP owning bodies, thus they feel secure of their brand identity in this competitive world. Our services enable the clients to understand legal requirements, employ them in proactive enforcement strategies and keep ahead of the possible infringements. Through a powerful IP protection system, we allow businesses to strengthen their industrial designs, avoid other companies copying them and preserve a solid competitive advantage.
