Industrial Designs

Q. What is an industrial design?
A. Industrial Designs are generally features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye. They however do not include a method or principle of construction nor features of shape or configuration of an article which are dictated solely by the function which the article has to perform as these would more rightly fall within the scope of protection by way of patent .

Q. What is the difference between a patent and an industrial design?
A. The grant of a patent is always in relation to an invention i.e usually the method or principle of construction of an article. An industrial design however only refers to the shape, configuration or pattern which has been applied to the particular article and not the article itself.

Q. What are the requirements for an Industrial Design to be registrable?
A. A design to be registrable must appeal to and judged by the eye. Apart from this, it must be borne in mind that the design to which registration is sought must not have been used or published prior to the application to register.

Q. What are the procedures to register the design?
A. As agents, the necessary forms bearing illustrations of the design with the with the required information to be filed will be done by them in accordance with the Industrial Designs Act 1996 and the regulations thereunder.

Q. How long will it take for the design to be registered?
A. As the procedure generally involves two stages, it may take between 3-5 years to complete the registration.

Q. What is the duration of the registration?
A. Registration is deemed to run from the date of filing for a period of 5 years. At the end of the period, the registration may be renewable for a two further consecutive periods of 5 years each.

Q. What are the rights attached to the registration of a design?
A. Registration will principally grant the proprietor exclusive right to use the design. This means that he has the right to exclude use of the design by others. Anyone who does so without his consent infringes that right and can be sued.