What are Industrial Designs?

The Power of Industrial Design in Intellectual Property Law

The economy is fast-paced and competitive, making it crucial for businesses to stand out. Yet, one often overlooked aspect of standing out is the design of your products. It’s not just about functionality. It’s about making an impression on your customers.

The best way to protect your industrial design is through intellectual property law. The attorneys at Emerson Thomson Bennett can walk you through the essentials of industrial design protections and why they are vital for entrepreneurs and business owners.

Why Industrial Design Protection Matters for Entrepreneurs

In today’s market, the appearance of a product can be as important as its quality. Think of brands like Apple or Tesla—whose designs are at the core of their identity. Protecting these designs means protecting your brand and its competitive edge.

Industrial design protection provides a legal defense against imitators and ensures that your unique product designs remain exclusively yours.

What Sets Industrial Designs Apart from Patents and Trademarks?

Industrial designs are often confused with patents and trademarks, but they serve different purposes. Industrial designs are somewhere between both types of protection where they aim to protect your brand like trademarks but focus on your products like patents.

While patents protect new inventions and functional aspects, and copyrights protect original works of authorship, industrial designs focus on the aesthetic aspect of a product. This could include:

• Shape
• Color
• Lines
• Contours
• Materials

If a patent is the blueprint, industrial design is the final product on the shelves.

How to Obtain Industrial Design Protection

Obtaining industrial design protection begins with an application to the United States Patent & Trademark Office (USPTO). The application typically includes:

• Detailed drawings or photographs of the design
• A written description
• Necessary forms and fees

Once submitted, the application undergoes a significant review process. Upon approval, the design is registered, granting you exclusive rights to use, sell, or license the design.

In the United States, industrial design rights have a duration of 14 years if filed before May 13, 2015, and 15 years if filed on or after that date. The scope of these rights is broad, covering various products such as household goods, jewelry, lighting, electronics, and textiles. This protection prevents others from making, selling, importing, or using a product that incorporates your protected design without your consent.

The International Legal Framework for Industrial Designs

Securing international protection is crucial for businesses operating in multiple countries. The World Intellectual Property Organization (WIPO) administers several treaties and agreements that facilitate this:

• The Hague Agreement: This treaty allows you to register industrial designs in multiple countries through a single application, simplifying the process and reducing costs.

• The Locarno Agreement: This agreement establishes an international classification for industrial designs. It provides a standardized system for categorizing designs and making it easier for businesses to protect their designs globally.

• The Paris Convention: This convention provides a priority filing date. It gives you a six-month window to file design applications in other member countries without losing your original filing date.

• The WIPO Convention: This agreement sets the framework for international cooperation in protecting industrial designs, ensuring that countries adhere to similar standards and practices.

Common Misconceptions About Industrial Designs

One common misconception is that industrial design protection is only for large corporations. In reality, businesses of all sizes can benefit from protecting their designs. Another misconception is that design protection is too costly or complex. While it does involve some investment, the potential benefits far outweigh the costs, especially when considering the competitive edge and legal protection it provides.

Contact Emerson Thomson Bennett For Help Protecting Your Industrial Designs

An industrial design is more than just an aesthetic choice. It’s a strategic asset that can set your business apart in a crowded market. By understanding the importance of industrial design protection and navigating the intellectual property landscape effectively, you can safeguard your unique designs and maintain a competitive edge.

Emerson Thomson Bennett can help secure protection for your current designs and consider future designs as part of your business strategy. Contact us today for more information.