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Registration of Designs vs. Patenting

Posted on August 17, 2022December 12, 2022 By admin No Comments on Registration of Designs vs. Patenting
design registration

An Overview of the Differences Between Patents and Design Registrations

Patents are granted for new and beneficial inventions, as well as their functions and procedures. A patent prevents others from replicating it. A design protects a product’s aesthetic features or ornamental features. Essentially, you can obtain both a patent and a design for the same thing.

A design patent protects aesthetic appearances in the United States, whereas a utility patent protects a technical invention, such as the new machine, manufacturing method, or procedure. A patent, also known as a utility or design patent, refers to a broad category of intellectual property rights in the United States.

European and United Kingdom registered designs protect aesthetic designs. There are many versions of this theme, including ‘UK registered designs,’ ‘Community registered designs (CRDs),’ ‘Community design registrations (CDRs),’ and probably others! A ‘patent’ is only used for technical inventions in Europe and the United Kingdom, so you’ll not see the term ‘design filing patent’ there.

Registration of Designs vs. Patents

In most countries, a patent can be filed for a duration of 20 years, whereas a design can be protected for a period of 5 years, with the possibility of an extension of 15 years, according to intellectual property enforcement and protection laws. Both require a thorough analysis to ensure that the product is unique and unrelated to existing designs and patents. It is difficult for most owners to decide whether they should pursue a design or a patent during the examination phase to protect their creation.

The Factors That Influence Registration

A patent registration involves a thorough inspection, whereas registering a design simply requires demonstrating that the design is fresh and unique. Thus, patents are more likely to be rejected than designs, because registration authorities cannot limit what functions and processes an invention can be put to the public’s benefit. Due to the high costs associated with patent registration, a design is also more cost-effective.

Taking Legal Action for Infringement

Similarly, when it comes to product designs, the court is generally preferred for infringement proceedings over patents due to their exorbitant costs. starts infringement actions against In the event someone copies a patent, a court examination will be conducted, which will be time-consuming and may result in the aggrieved party suffering a removal of director by shareholders

Keeping a Creation Alive Is Important

Owners, proprietors, and creators who are conscientious and considerate place a high value on protecting their creations. If we design something that will benefit us financially or that will generate income for us, we cannot afford to lose it or allow it to be exploited by others.

Copies May Result in Irreversible Damage.

The aim of intellectual property is to prevent others from producing or selling products that are derived from our concepts. The ultimate tool for this is patents and designs. The Key Difference between Patent Vs  Design Registration

There Are Different Types of Security

There are two kinds of patents: patents protect a thing’s function, method, or workings; design protects a thing’s appearance. Surprisingly, the same product can be protected by a patent and a design. Thus, both patents and designs provide protection for different aspects of the same product.

Also, Read:

  • Understanding trademark and patent laws the process of ndas online filings
  •  Faq on provisional patent application

 

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