Industrial design and patents are two major forms of protection related to intellectual property rights. They serve to offer different advantages for the creators, innovators, or business people. Although these both are very important tools for protection innovations, they serve purposes for different things and cover different aspects of the product. It is very important to know how to differentiate between industrial design and patents for those who want to safeguard their creations.

Meaning of Industrial Design 

Industrial design is the aesthetic value of an item designed for mass production. It deals with the visible characteristics of a product such as a shape, colour, texture, or ornamentation. The features must be unique and create a distinct visual appearance that makes them different from similar products. The main objective of industrial design protection is to ensure that the creator’s unique aesthetic features are not copied or imitated by others in the marketplace.

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Meaning of Patent

A patent in intellectual property gives rights to the inventor over a particular invention. In return, for making the invention public, they are given the right over the manufacturing, use, or sale of the patented creation for a particular period of time, usually around 20 years. Patents are granted where the invention is novel, useful, and non-obvious, and they tend to cover the functional, and technical features of a product and process.

Difference Between Industrial Design and Patent 

This section identifies and distinguishes industrial design and patents in terms of the purposes, requirements, duration of protection, and rights of creators and innovators.

1. Purpose:

• Industrial Design: This protects the aesthetic or visual aspects of a product.

• Patent: This protects the functional, technical, or innovative features of an invention.

2. Subject Matter:

• Industrial Design: This covers the shape, pattern, colour, and overall appearance of a product.

• Patent: This covers inventions that involve new methods, processes, devices, or machinery.

3. Protection Period:

• Industrial Design: This usually lasts for 15-25 years, depending on the jurisdiction.

• Patent: Patent life is normally for up to 20 years from the date of filing.

4. Qualifications for Registration:

• Industrial Design: Original, Novel and having Aesthetic Quality

• Patent: Novel, Nonobvious, and Useful having Technical and Functional advances.

5. Rights Provided:

• Industrial Design: Exclusive right against others from copying its appearance

• Patent: Right against others to exclude making, use, selling, or distribution of patented Invention.

6. Legal Protection

• Industrial Design: Concentrates on appearance and does not protect functionality or technology.

• Patent: Protects technological solutions and innovations, not just appearance.

Industrial Design Vs. Patent: Key Highlights

Understanding the distinctions ensures that creators can better navigate the process of securing intellectual property rights. They can choose the appropriate form of protection based on the nature of their innovation. Here are the key highlights of the differences:

In summary, though both industrial design and patents are significant forms of intellectual property protection, they serve different purposes. Industrial design protects the visual and aesthetic features of a product, ensuring that the unique appearance of a product remains protected from imitation. On the other hand, patents focus on safeguarding the functional and technical capabilities of inventions, giving inventors proprietary rights over their technological improvements. Such differences are important for developers and inventors to better determine what kind of intellectual property protection they deserve for their products.

Patent Vs. Industrial Design: FAQs

Q1. What is the main difference between industrial design and a patent?

Industrial design protects the view appearance of a product. On the other hand, a patent protects the functionality and the technical aspects of an invention.

Q2. What is the duration of industrial designs and patents?

Industrial designs usually last for 15-25 years, but patents can last up to 20 years.

Q3. Can an invention be protected by both industrial design and patent?

Yes, both can protect an invention if it has functional innovative elements covered by a patent and distinctive visual aspects covered by an industrial design.

Q4. What types of products can be protected by industrial design?

Any product with a unique visual appearance can be covered by industrial design protection, including consumer goods, furniture, jewellery, and packaging.

Q5. Can I patent the design of my product?

No, patents protect functionality, while industrial designs protect the aesthetic aspects. But you can protect both if your product has both novel function and design.