Introduction to IP Protection
Intellectual Property rights helps us to protect tangible rights which we need to protect our ideas, creations and innovations. When a person creates an invention such as a product, design, brand name or invention, the law allows them to claim ownership over that creation. This ownership gives them the exclusive rights to use, sell or protect their work. IP includes different types of right such as Patents, Copyrights, Industrial Design and trademarks. Each type of IP protects different aspects of rights. For example, Patent protects how invention works while Industrial design protects the looks of invention or a product. A Trademark protects the brand names and logos and copyright protects the artistic and literary works.
Intellectual Property protection does not happen automatically in most cases. Creators must apply for registration with the appropriate authority with necessary details and have to follow legal procedures. Once the authority granted with rights the owner can take legal actions against the infringers and take necessary steps for the welfare of his invention. The law gives protection for a limited time, after which the invention is open for public use.
Meaning of Industrial Design
An industrial design basically protects the visual appearance of a product. It gives more importance on how a product looks rather than how it works. A creator uses industrial design protection to secure the unique shape, Pattern, ornamentation or configuration of a creation or product. It is basically first done by design patent search h where the experts checks whether the desired design is not already registered as afterwards it will create a chaos. For eg a cylindrical shape of a bottle, a pattern of fabric or a decorative perfume bottle design can qualify for protection.
Industrial design doesn’t cover the technical and functional aspects of a product. Instead it protects the features of looks and make a product attractive to consumers. By registering an industrial design patent process, the owner gains the exclusive right to use that design and can take legal action against anyone who tries to copy it without permission of the owner.
Features of Industrial Design:
- Shape of a Product: Industrial design focuses on shape of protect, this will help the consumers to choose the product and recognize the product easily. A unique shape of a product will stand out in market more efficiently. For example a differently shape bottle will eye catch the consumers even without branding. By protecting the shape, the law prevents others from copying the shape without permission.
- Decoration or Ornamentation: Industrial design protects the ornamentation and decoration, these artistic elements improve the product appearance. These decorative features also include prints, engravings, carvings or surface embellishments etc. These all gives attention to looks of product and not on how it works.
- Focus on aesthetics: Industrial design protection focuses on aesthetics aspects of the product. This helps the business owner to attract consumers through visual appearance. By securing this aesthetic feature creators make a strong market and prevent others from imitating their designs.
- Visual Appearance: Industrial design protection expands to visual appearance as well. It defines how different parts of product come together to make a unique look. This arrangement creates a distinctive appearance.
- Pattern applied to a product: Industrial design also protects the pattern used on a product, such as a design on fabric, etc. These pattern helps the product to looks more beautiful and attracting.
Meaning of Patent:
A patent basically protects the functional invention. It gives the inventor the legal right to stop others from copying and using the invention for their purpose. It focuses on how invention works, operated and used for commercial purpose. It covers the product, process and new machines. To protect the invention the government has given the provision of patent grant where you can secure your invention and use it for marketing and business purpose.
To get a Patent registered the invention must be novel, useful and must have inventive step involved in an invention. Patent help business to protect their innovation and stay ahead of competitors.
Features of patent:
Protects functional inventions: A patent protects inventions based on how they work and operate. It is more focussed on technical and operational aspects. It covers wide range of functional innovation such as machines, manufacturing processes and technological improvements.
Novelty: A patent is granted protection only when the invention is new and unknown to the public. This requirement of novelty plays a vital role in patent grant as no patent can be registered if the invention is not a new. When an inventor applies for a patent the patent office carefully examines the invention and check whether there is no existing patent exists. If the examiner finds similar invention which is existing, he may reject the application due to lack of novelty.
Inventive steps: A patent requires an invention to include an inventive step, which means that invention must not be obvious to a prudent person skilled in particular field. This requirement makes sure that the invention has a real technical advancement and not a simple or routine change.
Full disclosure: A patent requires the inventor to full disclose how the invention works so others can clearly understand it. The invention must be in detailed and complete manner while filing the patent application. This helps to create a balance between protection and public benefit.
Territorial in Nature: A patent is territorial in nature , which means it provides protection only in the countries whre the inventors files the application and receive approval. If inventor wants to proceed in other countries, they must file a separate application in each country which allow them to seek protection in several states. This feature helps the inventor and business to plan their patent strategy carefully.
Comparison Table:
| Basis | Industrial Design | Patent |
|---|---|---|
| Protection Type | Visual and Unique appearance | Functional invention |
| Focus | Aesthetic features | Technical features |
| Examples | Shape of a bottle, product design | Machine, process, technology |
| Requirement | Novel and original design | Novel, inventive, and useful invention |
| Examination | Limited (mostly formal) | Detailed technical examination |
| Duration | Usually 10–15 years (varies by country) | 20 years from filing date |
| Cost | Low Cost | High Cost |
| Time to Grant | Fast | Slow |
| Complexity | Very Simple | Complex |
| Protection Scope | Look and appearance | Function and working |
Can you protect the same product with both an industrial design and a Patent?
Dual Protection is applicable: Yes, you can protect the same product under both industrial design and patent law as well if it includes functional innovation as well as unique visual appearance. These two covers two different aspects of the product and help the creator to secure two types of protection.
Strong legal protection: Using both protection gives a strong dual legal protection. If someone copies the technology, the patent allows the owner to take action, If someone copies the appearance and looks design registration provides with the protection.
Business related Advantages: Dual protection helps the business secure both innovation and branding. By protecting both design as well as functional maintains the commercial as well as legal benefits.
Which Protection should I choose for a New Product?
Need to understand the nature of your Product: You should understand the nature of your product. This step helps you to decide the right protection for the product. The nature of product decides whether to go with design or Patent. If your product is functional or technical go with Patents and if your product mainly attracts customers because of its look you should consider industrial design protection.
Make Strategic decision: You should choose protection based on your business goals and target market according to your product. A well-planned strategy will help you protect your product to effectively shine in competitive market and gain advantage.
Is Industrial Design Protection being easier to obtain compared with Patent?
Industrial design has a simpler process: Yes, industrial design protection is generally easier than Patent filing because it follows the less complex filing. Applicants needs to submit the representation sheets, names and details of applicants, forms, Power of Attorney and other basic details. The process does not require detailed technical explanations or complex claim drafting etch which lengthens the process.
Less Complex Examinations: Authorities grant industrial design protection faster because they conduct less complex examination. They just check whether the design is new and original and whether it related to the visual appearance of a product. In contrast, patent application goes through very lengthy process like strict examination where authorities check for novelty, inventiveness and industrial capacity.
Cost and complexity of design and Patent:
Lower Cost of Design Registration: Design registration usually cost low because it follows very simple process. There is not detailed documents like complex claims and applications, which reduces professional as well as legal fees.
High cost of Patent Filing: Patent filing in India requires a higher investment because it includes complex drafting and technical expertise. Inventors must prepare a complete specification that explains how the invention works. This overall increase the cost.
Conclusion:
India has emerged as a strong country for IPR as it offers a wide network of Patent and design companies in India. Service providers in India, and has skilled IP agencies in India which assist the inventors to protect their inventions worldwide. Many businesses and start-ups are dependent on Professional Consultant in India, Qualified IP agent in India and experienced IP attorneys in India who guide through every stage of Patent filing in India.
Our firm Intellect Bastion, helps you to secure your rights We help business actively manage and analysis their patent portfolios to evaluate, monetize and monitor their patent assets as well which is structured and strategic manner.
Author: Shreya Sinha
IPR Assistant at Intellect Bastion
