Table of Contents
Introduction
Many people have heard of patents, but registered designs often do not get the prominence they deserve.
Registered projects are another type of intellectual property that may be used in conjunction with a patent or as a registered patent.
While patents often protect the technical aspects of the product or process, the registered design protects the non-technical aspects of the product’s appearance.
Products are any industrial or handicrafts that include packaging, photographic labels, and brand types.
When used in conjunction with a patent, the scope of the invention may be increased to cover its appearance and function.
The Designs Act, 2000 (“the Act”), it is a complete code in itself and protection under it is totally statutory in the nature.
It protects the visual design of the objects that are not purely utilitarian.
Design Registration Vs Patenting Process
In many countries, a patent can be filed for a period of 20 years, while the design can be protected for a period of 5 years, with the option of an extension of another 15 years, subject to laws enforcing and protecting intellectual property.
Both require a thorough analysis to ensure that the product is unique and not related to existing designs and patents.
Many owners struggle to decide if they want to follow a design or patent to protect their creation for a certain length of time throughout the testing phase.
Factors Influencing Registration
Patent registration involves a complete overhaul, while designing the design just needs to show that the design is new & unique.
As a result, the likelihood that a patent will be denied is greater than that of the project, because registration authorities are not able to limit the activities and processes of establishment that may be used and benefit the public.
The Design is also more expensive than the copyright because copyright registration is more expensive.
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Legal Procedure Over Infringement
In case of the infringement, in criminal proceedings, court relief is often preferred over patents when it comes to product design for the same reason of high costs.
In addition, if a person commits criminal acts against another person by copying his or her copyright, the Court will investigate, which will be time consuming and may result in the loss of the victim.
Difference Between Patent & Design Registration
Different Sorts of Security
Copyright protects the function of an object, method, or function. The appearance of the item is protected by design. It is amazing how you can apply for both the patent and the protection of the same product design. Thus, both patent and design can provide protection for different parts of the same product.
Differences in the Registration Process
The steps required to register your design patent can also vary greatly. Copyright registration requirements can be equally effective. Unfortunately, due to the time-consuming process of patent registration, the patent registration period can be much longer (sometimes, years) than the project registration period (usually months). IP Australia has more information on copyright registration and design.
Cost Registration Differences
In particular, the cost of registering a project is much lower than for copyright registration. Design patents are, on the other hand, required only once, five years after a design application has been submitted. The patent application is highly demanding, accounting for a large part of the application cost variance. Because patent applications require extensive refinement and detailed specification, they can be time-consuming and expensive than design applications. Additionally, an annual renewal fee must be paid to keep your patents valid. Design patents are, on the other hand, required only once, five years after a design application has been submitted.
Conclusion
The protection provided by a registered patent and design does not end. Copyright has a much shorter protection period than registered patents, due to lower registration costs. The maximum protection period available after applying for a ten-year design right. A registered patent, on the other hand, has a maximum protection period of 20 years. In addition, if the patent is ‘for the drug,’ the maximum protection period is 25 years. If you are considering registering a patent or design right, it is always a good idea to contact an IP Specialist. Both patents & design rights protect different types of intellectual property and come with different procedures and protections.
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