Industrial Designs FAQ
Everything you really need to know about iGERENT's Services
1 What is required of a product to be protected as an industrial design?
The requirements that a design must meet to be granted protection are the following:
- Novelty: A design is considered new when no other identical design has been made accessible to the public before the date of filing of the application.
- Unique character. A design will be considered to have a unique character when the general impression produced on the consumer differs from the general impression produced on the same consumer when encountering any other design.
Depending on the jurisdiction, only one of the above requirements may be requested and their evaluation may be more or less strict depending on the laws of each country.
- Possibility of being graphically represented: The way in which this requirement is materialized varies by territory. In some areas, ultra-realistic photos are accepted, while in others black and white drawings are required.
2 What cannot be protected as an industrial design?
- Colors, verbal elements and sounds are examples of what cannot be protected as a design, since they are not part of the ornamentation of a product. On the other hand, they may seek protection under trademark law.
- The designs whose appearance respond exclusively to the technical function of the product. It is possible that the technical or functional characteristics of these types of designs can be protected through other intellectual property rights (normally through patents or utility models).
- Designs that go against public order and certain moral standards. As a general rule, designs that reflect or promote violence or discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation will be denied.