1- What is an Industrial Design?
An industrial design right is an intellectual property right that protects a novel visual design of objects. An industrial design is the features of shape, configuration, pattern or ornament (or any combination of these features) applied to a finished article made by hand, tool or machine. It can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. It may be, for example, the shape of a table or the shape and ornamentation of a spoon. The design must have features that appeal to the eye."
2- Examples of Industrial designs?
• A repeat pattern applied to wallpaper
• The shape of a perfume bottle
• The ornamentation applied to a t-shirt
• The visual features of a running shoe
• The shape of an electric or electronic device
• User interface features, such as icons on a display
• Car shape
3- What is the difference between Industrial Designs and Patents?
The Industrial Design protection is directed to the visual features of shape, configuration, pattern or ornament—or any combination of these features—applied to a finished article made by hand, tool or machine. Patents, on the other hands, protect the way an article is used and works, i.e., the utility, function, operation, manufacture or material of construction of an article. The shapes or ornamentations that make up a design do not necessarily perform any function or contribute to the utility of the underlying article. Nevertheless, the design clearly can have commercial value without having a functional aspect. For instance, the shape of a particular brand speaker or home networking device or remote control may influence purchasing decisions due to its familiarity or appeal. The protection period of a design is usually shorter than that of a patent.
4- Basic requirements for Industrial Designs in most Jurisdictions:
In Industrial design applications, ornamentally, novelty, unobviousness enablement and definiteness are necessary prerequisites to the grant of an Industrial Designs. The inventive novelty or unobviousness resides in the ornamental shape or configuration of the article in which the design is embodied or the surface ornamentation which is applied to or embodied in the design.