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Browse our newly-designed web site!
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Industrial Designs Distinguishing themselves from patents, industrial designs or design patents protect only the appearance of the item. No idea or functionality can be protected. The main requirements are that the item must be distinguishable from similar items known, the primary criteria being the shape of the item. An item protected by an ID/DP can be functional, but you cannot pursue a competitor who made a product that does the same thing but looks different. If the item in use is hidden from the consumer, the registration for such an item may be refused by the Patent Office. A rule of thumb is: the item must be visible. For example, one of our clients developed a device to stop bedwetting. The device is inserted into the rectum and electrically stimulates the bladder muscles to learn to properly contract. The Patent Office refused ID registration, stating that the device is not visible to the eye when in use. We argued that when the product is on the store shelf, it is visible to the eye, and won the right to get an ID. Read some of our Tips for Industrial Designs. |
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