Industrial Design (Design Patent)

Industrial Design

© Rahul Dutta | August 7th, 2022

Industrial Design or Design Patent

The appearance of the products produced through industrial means is protected by Industrial design (I-Design). Generally creating an original design is an expression of thought in a tangible medium that is protected by Copyright. In the US, the I-Design is known as Design Patent.

I-Design and Patent

The Utility Patents have three distinct patentability tests for qualifying inventions as patentable inventions, namely, novelty, non-obviousness, and utility. Another test that filters patentable inventions from non-patentable inventions is the functionality test. If non-obviousness and functionality tests are excluded, the rest of the tests are for finding the I-Designs.

Original Designs are subject to copyright protection. However, if a design is replicated more than 50 times through any industrial means it goes out of the Copyright protection. The designs that ought to be replicated through the industrial process more than fifty times and satisfy the I-Design registration tests qualify for I-Design registration.

I-Design International Law

The Hague System for the registration of Industrial Design along with the TRIPS Agreement together constitute International Law for I-Design. 

India is yet to be a signatory to the Hague System.

Remedy for I-Design Infringement

The life of the I-Design monopoly is ten years from the date of the application which is extendable for another five years.

Life-Line of Industrial Design

I-Design infringement is a civil wrong.