Exploring Industrial Design Patents

A seasoned patent lawyer such as Stan F. Benda in Toronto, ON is indispensable if you are considering patenting your design. Intellectual property law is very complex and it is constantly changing. To be an IP lawyer, one must have applied specifically to be one. Any lawyer you choose to help you in protecting your design should have earned a patent bar license. He will make sure that your rights as a patent holder are protected, and pursue legal action against those who violate those rights granted to you when you obtain your patent.  Click here for more details.


What is Industrial Design?

. An industrial design is a new or non-obvious feature that is invented or developed for a manufactured article. What is involved in industrial design is the blending of art and functionality. Industrial design is geared at meeting the requirements of both user and manufacturer while incorporating aesthetic value. The end product of the design process would be an article both functional and attractive to the eye.


Ornamental Versus Functionality

Industrial designs have both these features: functionality and aesthetic value. The functionality of an article is what it absolutely was intended to do. This is protected by the utility patent. When an article is designed in a unique way that appeals to a target demographic. An ornamental design is used. This is definitely protected by a design patent. To patent your design you will have to file an application for registration.

How To File For Registration

You have your new design and you want to make sure that no one makes, uses or sells it without your express consent. What you would have to do to patent your product is:

• Complete the Form 1 application form.

• Present six sets of your product in either drawing or in photographs.

• A statement of novelty: this gives due credit to the article on which your industrial design is based on.

• You will have to pay a filing fee.

• If you aren't an author, you will be required to justify why your rights should be filed.

From the time that all the requirements have been received, assuming you filed first, your product is protected for an initial period of 5 years. Your design can be protected for a maximum of 15 years. If you would like more related information about patent law, then you can visit the website of amazon.

In Summary

Industrial designs are protected by design patents. The issue of intellectual property is complex so it is advisable to hire a patent lawyer. They possess specialized training in intellectual property issues, and have had to specifically apply for the patent law license prior to being allowed to practice. Your interests as a patent holder would therefore be best represented by an IP lawyer.