Meaning of Industrial Design:
An industrial design refers to visual representation of a product. It basically focuses on how a product looks rather than how it works. When you see a product and gets attracted towards it this is how industrial design works. It focuses on the shape, structure, style and pattern. This industrial design also includes features such as shape configuration, pattern, ornamentation or the colours which are applied on the article. 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, 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.
Industrial design plays an important role in making products appealing to customers. Companies invest time and efforts in designing products that looks modern, stylish and different from others in market. A good design can influence the customers’ decision to buy a products. For instance, two products may work in the same way, but customers often choose the one that looks better.
You can file industrial design in many everyday items. These include furniture, mobile phones, packaging, jewellery, clothing patterns and household items. Even the design of a chair, fabric colour or shape of perfume bottles can be qualify as an industrial design.
Why industrial design matters?
As stated above an industrial design plays a vital role in attracting and convincing the customers and attracting them to purchase the product. In this competitive world people are very much concern about the looks of the product. They believe in aesthetics and give lesser importance to usefulness of product. A strong industrial design also raises the market value of the product.
By protecting design you can:
- Prevent copying or imitation – When you register your industrial design, you gain legal rights that stop competitors from using the same or similar design without your permission. This protection ensures that the creativity of product and investment remains with the applicant or owner of the product. In a competitive business environment, many companies try to copy successful products to attract the customers that is why the industrial design protection is very needful it helps to maintain the balance between the creativity and investment.
- Gain exclusive rights– When you protect your industrial design you gets the whole right to use it according to your needs and terms and conditions. You can legally use, manufacture, sell or distribute the product with that particular design. No other person or business can use the same or similar design without your permission. Exclusive rights helps you to gain confidence in the market. You can invest in production, marketing and branding without worrying about others copying your design. After registered industrial design shows uniqueness and is secured legally which makes business more attractive for collaboration and marketing opportunity.
- Strengthen your Market position– Protecting your industrial design helps you to strengthen your position in the market. A unique and protected design allows your product to shine out from other competitors. When customer see different design they become attracted towards it and this helps you to get identity as a brand owner. It helps to support the branding strategy. It becomes a visual identity for your product and business. Moreover, a protected design allows you to position your product as premium. Customers often take unique items and if it compliments with the quality and reliability, this all will encourage them to associate them with your brand names.
What can you protect as an Industrial design?
An industrial design protects the visual looks of the product. It focuses on how a product looks to the human eye, not how it functions. This protection helps you to protect your creativity and hard work. This will also help you to protect your design from copying.
You can protect following:
- Shape (e.g. furniture and containers) – You can protect the visual appearance of the product. It focuses on how a product looks to the human eye, not how it functions. If your product has an attractive and unique looks, you are allowed to protect them under industrial design. The only condition is the shape must be new and not already exist in market.
- Pattern (e.g. textiles and design) – You can also protect pattern applied to products. The patterns must be original and not already existing. You can protect fabrics, wallpapers prints etc. These helps the product to look more appealing and eye catchy in the eyes of customers.
- Ornamentation (e.g. decoration items) – This includes decorative features which are added to products to make them more attractive or to enhance their appearance. Carvings, decoration jewellery or artistic visual etc. elements these all can be protected under industrial design. Ornamentation adds the aesthetic value to the product and makes them more appealing.
- Configuration of products – Configuration refers to the arrangement or combination of different visual elements in a product, if the overall look created by arrangement is new and unique it can be protected. For e.g. curves, edges and surfaces etc.
However you cannot protect:
- Functional Features – It is important to understand what you cannot protect under industrial design, Functional features are exception under industrial design. It only exist when the product is functional. For example mechanism inside a machine or technical aspects under industrial designs.
- Technical aspects – You cannot protect technical aspects under industrial design. If your product is an invention than go for Patent registration instead.
- Trademark or artistic work – In addition industrial design does not protect trademarks and artistic works that falls under Copyright and Trademark Registration in India. Each type of intellectual property has its own purpose and protection systems.
How to protect an Industrial Design in India:
You can protect your industrial design in India under Design Act 2000, which provides legal rights to the creators and business over the visual appearance of their products.
- Step 1: Conduct a Design Search – Before filing application you should go for design patent search This helps to check whether your design is not similar to any registered design. This can be done by the professionals and experts.
- Step 2: Prepare Application – After conducting design searching you must include clear and accurate representations of your design, such as drawings and representation sheets.
- Step 3: File and Application – Next you need to file an application with Indian Patent Office. You have to fill the form online and have to pay government fees prescribed. It is important to ensure that docs are completed and accurately uploaded.
- Step 4: Examination – Once application is successfully filed the authority verifies the legal requirements and they find any inadequacy they can raise objection within the given time frame. You must give response to these objections within the given time limit. A timely and proper response increases the chances of approval and helps to have design registration.
- Step 5: Registration and Publication – If your application satisfies all requirements the authority registers your design and publishes it in the official journal. After registration, you receive a certificate that confirms your ownership and you get your rights for 10 years which you can extend further.
Can I sell or Licence my Registered Design?
Yes, you can sell, transfer or license your registered design to others and earn commercial benefits from it. The ownership gives you full rights to use your design as many ways as you can. Whether you choose to sell it for immediate profit or license it for long term income, you can maximize the value of your design.
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.
Can I file a design application after publically disclosing my design?
No, you cannot file your application before public disclosures. If you disclose your design before filing, you may lose the novelty requirement. This approach helps one to maintain novelty, avoid rejections and secure string legal protection.
Conclusion:
Industrial design plays a vital role in shaping the success of modern products. This industrial design also includes features such as shape configuration, pattern, ornamentation or the colours which are applied on the article. Industrial design doesn’t cover the technical and functional aspects of a product. It is very essential to understand what you can and cannot protect. Industrial design covers only the visual aspects of a product and does not include functional or technical features. This difference helps you choose the right form of intellectual property protection for your creation. Additionally, maintaining confidentiality before filing is crucial, as public disclosure can destroy the novelty of your design and lead to rejection.
Ready to protect your invention? Connect with Intellect Bastion which will be guiding you as your partner until your invention gets granted and protected.
Author- Shreya Sinha
IPR Assistant
