First of all, it should be noted that the designs that can be applied on certain products can be protected by Industrial Design registration, patent protection applies only to inventions. Therefore, instead of "patenting designs" we need to use the term "industrial design registration for designs".
What are the requirements for design in industrial design registration?
In this article, the main issues related to the registration of industrial designs are discussed. The question of "What features should a design have in order to benefit from "industrial design protection"?" wil be answered below.
REQUIREMENTS FOR DESIGN REGISTRATION
There are some conditions that must be in the design in order to apply for industrial design. The most important of these conditions are mentioned below.
|Is it new?|
|Does it have a distinctive feature?|
|Can it be applicable on a product?|
The basic principle of a new design is that: "If a design is not presented to the public in any part of the world before the application date, the design is accepted as new. The designs are considered the same if they differ only in small details."
What is public disclosure? Public disclosure includes: demonstration, sale, market use, description, publication, promotion or similar activities. Disclosures made to third parties that are clearly or implicitly confidential are outside the scope of the public disclosure.
For every new design, industrial design registration applications cannot be made. This design must also have a distinctive feature. The description of the distinctive feature can be made as to "a significant difference between the overall impression that design creates on the informed user and the overall impression any design creates in such a user." The critical term that should be considered here is the term "significant difference". That is, there must be a clear difference between the design we claim to be new and the previous designs.
When evaluating the distinctive feature, rather than the differences of the designs compared, their common characteristics are considered. At the same time, the freedom of design choices are also taken into consideration.
APPLICABILITY OF THE DESIGN ON THE PRODUCTS
If we want to apply for an industrial design registration for a design, this design should be applicable to an industrial product. With the internationally accepted Locarno classification for industrial design registration, it is determined which industrial designs can be applied on the products.
Below is a list of the product classes listed in our page.