Thinking Outside the Box: A Guide for Curious Packaging Designers
Ever noticed how some packages instantly grab your attention? That’s no accident—it’s intellectual property at work. Let’s explore the main types of protection through real-world examples:
Patents: Innovative Functionality
When Heinz created their Dip & Squeeze container in 2010, they secured utility patent US9061796 for its clever dual-function design. This patent protects the mechanism that lets users either tear the top to squeeze sauce onto a tray or peel back the lid for dipping—giving Heinz exclusive rights to this functionality for 20 years. Similarly, Pringles’ manufacturers patented both the cylindrical container and the method of packaging those perfectly curved chips (US3,498,798) back in the 1960s.
Design Patents: Unique Visual Appeal
Heinz didn’t just protect how their Dip & Squeeze works—they secured design patent USD641642 for its distinctive appearance. Pringles followed the same approach, obtaining a design patent for their canister’s unique look. Like the minimalist packaging of an iPhone, these design patents protect the visual elements that make these packages instantly recognizable for up to 15-25 years.
Trademarks: Brand Recognition Elements
You can spot a Toblerone from across the store thanks to its distinctive triangular package—a registered trademark that can last forever as long as it’s used. Pringles trademarked their name, Julius Pringle (the mustachioed mascot), and even their signature red color. Heinz similarly secured trademark protection for their name and logo, permanently protecting these brand identifiers.
Copyright: Creative Expression
Those funny stories on Ben & Jerry’s ice cream tubs? They’re automatically protected by copyright from the moment of creation. No registration required for these creative elements that enhance the packaging experience.
Trade Secrets: Confidential Processes
Both Heinz and Pringles keep parts of their manufacturing processes as trade secrets. While they patented the visible innovations, they maintain confidentiality around certain production techniques. Trade secrets can last forever, as long as they remain—well, secret.
Most successful packaging designs employ multiple layers of protection simultaneously. From patents for functional innovation to trademarks for brand recognition, these legal tools help create a distinctive user experience that begins with the product’s packaging.
Next time you enjoy fries with a Heinz Dip & Squeeze or open a can of Pringles, appreciate not just the product, but also the layers of innovation and legal protection packed into that package.
