Patents:

Patent is an exclusive right, given to an individual or organisation by the government, for an invention that is new and has an industrial purpose. This invention could be a new machine, process, composition of matter, or an improvement of an existing one. To a large extent, a patent acts as a tool that gives an inventor exclusive rights to manufacture, exploit, sell or market his or her invention for a certain duration (usually 20 years in India) after being filed with the concerned authorities.

Benefits of Patents:

• Exclusive Rights: Patent offers the inventor exclusive rights and no one is entitled to manufacture, distribute, or sell the product independently based on the protected great idea without the inventor’s consent.

• Market Advantage: Patents are a legal vehicle to prevent competition from entering the market and therefore gaining a market advantage.

• Licensing Opportunities: A patent can be sold or leased, which is a potential income source for inventors and companies.

Design:

A design patent or design right is the protection which is given through the constitution for the ornamental features of a functional article. This protection covers the reproductive aspects of objects like the form, pattern or even the external design of the objects and not the function or technical aspects.

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Benefits of Designs:

• Aesthetic Exclusivity: A design patent restrains how a product can be manufactured, more specifically the form of the product.

• Brand Identity: A well-organized design can support the brand and its customers.

• Market Differentiation: Protecting design elements helps in minimizing reproduction costs and gives a competitive edge.

Patents vs. Designs: Key Differences and Overlaps

Scope of Protection:

• Patents: Protect both the functional aspects and the technical innovations of an invention.

• Designs: Protect only the ornamental or aesthetic features of a product.

Duration:

• Patents: Utility patents typically last for 20 years from the filing date, while design patents usually last for 15 years from the grant date in the U.S.

• Designs: The duration of protection varies by jurisdiction but is generally shorter than patents.

Application Process:

• Patents: The application process for patents involves a detailed examination of the invention’s technical features and novelty. Design applications focus on the visual appearance.

• Designs: The application process for design protection often involves submitting drawings or photographs of the design, with less emphasis on technical details.

Conclusion:

Patents and designs are both important for the protection of intellectual Property. While patents and designs are useful for the protection of inventions, the two have different functions. Ideas are better protected by patents, which apply to new technical solutions and functional inventions, while designs are addressed to protect the distinctive appearance of the product. An awareness of these distinctions helps inventors and designers to adopt the right protection mechanism for their works and understand better the management of their intellectual property. Businesses should understand that by utilizing both forms of protection they are able to achieve more protection and therefore a stronger market position.

Author : H.N.Mallika, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.