DESIGNS
The appearance or
shape of a product can make a big difference to its sales. Cars,
cameras, computers, furniture and many items are often selected
because of their looks.
Protection of
“design” is valuable. In the US Design
Patents,
and in Canada Industrial Design Registrations are available to give
protection. Do not confuse these with patents for inventions. The
two are very different.
Granting of Design
patents follows a process similar to patents for inventions, usually
at a somewhat less cost. The term is shorter, 10 to 14 years.
The main rule is
that the design patent must show only the exterior shape. Details of
how its made are not relevant.
If a product has a
shape which is purely functional, it is not a “design”. A design
patent was refused for the so-called “cartridge fuse”. It had no
aesthetic appeal.
