Design protection – a well-considered decision
For every product, the question of how it should look always comes up eventually. If the design is not dictated solely by technical considerations, there is a good chance that you can register it as a design with individual character.
For example, if you're designing a new set of cutlery, it goes without saying that you need to create a new and original design. But when it comes to covers for industrial welding machine, it's likely that the technical requirements are going to be more important.
In both cases, a well-considered strategy for protecting your design right should answer the following questions: what do you want to protect, where and in which countries?
Strategy for protecting your design right – some guidelines
Here are some strategic pointers. Design protection:
- is very simple and inexpensive to apply for > Filing an application
- can be applied for on the basis of drawings – a prototype isn’t necessary > Representing a design
- only relates to the details of a product, e.g. the winding button of a wristwatch relates to two-dimensional patterns or three-dimensional shapes, or a combination of both – the illustrations determine the scope of protection > Creative 2D and 3D designs
- can be combined with other IP rights that already implicitly include the design, e.g. a patent or a three-dimensional trade mark
- requires the design to be new and have individual character, which is not always easy to determine > Design novelty and priority
- is advisable for countries or regions where the product will be manufactured, used, marketed or developed > Applying to register a design nationally or internationally
- can be kept confidential for up to 30 months after applying to register > Deferring publication of a design
Swiss Biotech Report – biotech industry continues to thrive
EPO announces the finalists for the European Inventor Award 2019
Swiss Youth in Science honours young researchers
The measures introduced to combat “Swissness” misuse yield results
10.04.2019 | Event
The IPI at the Exhibition of Inventions in Geneva from 10 to 14 April 2019 - why not stop by and see us?
Info event on using strategic patent analyses on 11.4.2018 in Zurich