Why You Should Get Design Patents?

A design patent is a legal right that protects the ornamental design of a product of manufacture. A design patent provides protection only to the design (shape, pattern or ornament) of a product, unlike utility patents that protect any invention like a method, machines, idea of performing a process, and so on. If you have a novel design to be applied to a product, you can consider getting a design patent.

Obtaining a design patent does not stop you from getting a utility patent for the product. While the scope of utility patents is wider than design patents, a design patent can provide additional protection to the invention.

In Canada, design patents are protected by Industrial Design registrations. To obtain a design patent you must have a novel design of a physical object. A design patent will only protect the non-functional features of an object. For example, one of Apple’s design patent covers devices that are rectangular with rounded edges and rounded backs. You can obtain design patents for:

• Features of shape, configuration, pattern or ornament or combination applied to a physical object.
• Designs on a portion of finished article, like a design on a t-shirt.
• Design features common to a particular set of articles.
• Variant designs that are similar and possess the described features without substantial variations.

Any design dictated solely by the object’s functional aspects cannot be registered as a design patent. Though one can protect patterns created by different colours, the colour of a material or product cannot be protected under design patents.

A design patent application can be filed anytime if the design has never been published. But if a design is disclosed to the public, you must get it register within the next 12 months. Industrial design provides protection for 10 years from the date of registration. You are required to pay a maintenance fee before five years and six months after registration to maintain the protection.

Design Patent Application

If you have a novel design, you can file an Industrial Design application to protect it. While it is obvious that your application must include the name and address of the applicant, it also requires you to submit the following details:

• Title: The application must contain the title of the finished article to which the design is applied. For example, a t-shirt, chair, or lighter.
• Description: A detailed description of the features that constitute the design. You must only describe features that are visible in your design such as the feature of shape, pattern, or ornamentation. Also be clear where the design is placed in the object. Make sure your description accurately covers all features of the design.
• Drawings: Your application must include a drawing or photograph of the design. The drawing must comply with conditions by CIPO (Canadian Intellectual Property Office). These conditions usually include specifications on the background to use for drawing, paper quality, number call outs, and views that depict all features of the design.

Unlike utility patents, Industrial Design is cheap, easy and quick to obtain. Any business involved in designing products must consider obtaining a design patent. In spite of being easy to obtain, drafting a design patent application can be tricky. Consider professional guidance for a smooth design patent registration process.