Industrial Designs

By | December 17, 2013

Sometimes, when developing the design of industrial products have a situation where the applicant can not define which object of industrial property to be: to the industrial design or utility model (Small invention), however to protect the titles of the technical solution of a design patent or a certificate for a utility model? Industrial product can be performed at the level of utility model and combine the aesthetic and / or ergonomic features and design to emphasize its technical perfection. In order to understand this situation, find out which design features characterize the solution from the perspective of a utility model, and any significant artistic and design, aesthetic and / or ergonomic features characterize the object of development as an industrial sample. Industrial design in nature is dual object: its aesthetic nature – from the field of copyright and legal procedures for inclusion in the economic activities of the intellectual property are carried out in accordance with the patent law. The problem is that a variety of industrial products produced using the design development is extremely broad. Let us turn to the Patent Law existing Regulations and preparation, submission and consideration of application for a patent for industrial design. Conditions of Patentability of Industrial Designs are disclosed in the article 6 of the Patent Act. According to paragraph 1 of this article to industrial design as an artistic and design of an article that defines its appearance. The aesthetic content of the industrial design is the subject of the claims of the patent applicant.

Analysis essential characteristics of the sample should be guided by the Rules of drawing up, filing and consideration of application for a patent for industrial design. An industrial design is characterized by a new and original appearance of the product (design). Consider the classification of the essential features of an industrial product that is both the result of subject construction and design, the example of 'connecting blocks' for has been issued patent number 48 325 for Industrial Design and received a positive decision on the issue of a certificate for utility model (see application 2001106104/20 'Hermetic electrical connector').


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