Designs
What are designs and why do they matter?
Designs encompass more than just visual aesthetics; they encapsulate the essence of a product’s form, configuration, and ornamental details. A design is the unique combination of lines, shapes, colors, textures, and patterns that give a product its distinct appearance. It’s the elegant curvature of a chair, the intricate detailing of a smartphone’s casing, or the graceful contours of a luxury car’s exterior. In the realm of intellectual property, design protection ensures that these visual attributes remain exclusive, safeguarding your brand’s uniqueness and market position.
How and when should I safeguard my designs?
When considering design protection, timing and strategy matter. Should you wait until products launch, or act preemptively? Our expert team will be pleased to guide you through design protection strategies. Applying for design protection early is often key. Whether conceptualizing products or revamping brand identity, proactive design protection secures your innovative designs from the outset.
Secure your market position with design protection. Contact us today at CDS-LUTHI to protect and manage your designs and set your brand on a path to success.
Explore our FAQs section below to learn more about design patents and their business significance.
FAQs
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A registered design, is an intellectual property right that protects the visual appearance of a functional item, such as the shape, surface, or any particular embellishments.
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In the USA, designs are protected under the patent law and rather than registered designs they constitute design patents.
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Registered designs can protect a wide range of visual elements, including patterns, shapes, and ornamentations, as long as they’re original and non-functional.
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Registered designs have a duration that ranges between 15 years from the date of grant in the USA to 25 years from the date of filing in Europe, Israel, and in other jurisdictions.
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The process of filing a design application involves preparing visual representations and descriptions of the design and submitting them to the relevant patent office.
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To obtain a registered design, as well as a design patent, the design must be original and possess ornamental value rather than being solely functional. In the USA, there is also a non-obviousness criterion.
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Yes, you can file a design application internationally through the Hague Agreement.
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Unlike patents, which protect functional features, registered designs focus exclusively on the visual appearance of an object.
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Similar to patents, public disclosure of the design before filing an application can affect your ability to register the design. Therefore, it is best to avoid making any form of public disclosure of the design before filing a priority application.
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Unlike patents, the priority established by a first-filed design application is for 6 months.
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Design prosecution involves responding to office actions from the patent office examiner, making amendments, and ensuring the design meets the requirements for registration.
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Yes, you can enforce design rights against infringers through litigation, similar to patents.
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Design applications can be amended after filing, but amendments can’t introduce new subject matter and must be supported by the original disclosure.
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Prior art in the case of designs includes any previously published or publicly available designs that are identified as similar to the claimed design.
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Yes, you can license or sell your registered design to others, allowing them to use the protected design in exchange for agreed compensation.
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Designs play a significant role in an overall IP strategy by safeguarding the unique visual aspects of products, enhancing branding, and preventing copying.
Find your IP Expert
Daniel Lerner
David de Vries
Richard Luthi
Ilan Cohn, PhD
Sa’ar Alon
Andrew Stewart
Eric Morehouse
Erik Lund
Rotem Cohen
Erin Sherf
Lin Safadi
