Surely many have heard the popular phrase of Steve Jobs that innovation distinguishes a leader from catching up. Inventors may have different reasons (from increasing sales to serving humanity), but in the end they all come to a certain logical line when the result of their work must be legally formalized. An intellectual property product will help protect industrial design patenting
For example, you can reinvent the bicycle … Its novelty will be expressed in an unusual shape, original wheel design, distinctive colors, etc. In order for competitors not to accidentally copy the idea and launch the product into production, the prototype must be patented. At the same time, the colors, texture, shape, convenience and other factors are especially relevant, everything that we can see … At this stage, it doesn’t matter which mechanical principle or the law of physics sets it, round or triangular in shape, in motion – these parameters are taken into account when obtaining a patent for a utility model or invention …
An industrial design can be anything: a variant of furniture, unusual packaging, a wonderful label, clothes, headphones with a unique design, etc. But according to the Law of Ukraine “On the Protection of Rights to Industrial Designs” it is unlikely that it will be possible to formalize legal protection for architecture (except for small forms), printed materials and substances of unstable form.
The success of patenting an industrial design is certainly influenced by categories of novelty and ergonomics products.
The procedure for patenting an industrial design
It’s one thing to come up with an invention and quite another to do everything right in order to get a patent for it. You can contact one of the many companies that offer assistance in preparing documents of this type, or do everything yourself. The procedure for patenting an industrial design stipulated in the legislation.
- Registration of the application for the State Patent Office of Ukraine. In addition to the person wishing to obtain a patent, an authorized person or a representative in intellectual property matters can submit an application (in Ukrainian).
- Equipment applications images a prototype so that you can make the most complete presentation (drawings, photographs, drawings, illustrations, etc.).
- Description “Clear and complete enough to be carried out by a specialist in the specified industry”.
- Payment collecting …
The author can prohibit the mention of his name in the publications of the institution. Ukrpatent is considering an application for 6 months, and a finished patent is valid for 10 years (with the possibility of renewal for another 5).
Design patent. Patent trolling
An obligatory step in the process of patenting an industrial design is examination his novelty at the global level, but often Ukrpatent encounters difficulties and the impossibility to carry it out thoroughly. Since in the Institution the qualification examination of samples can become a formality, it makes sense personally (preferably at the early stages of development) look for similar examples, especially if the goal of future sales is the world market.
This problem is not uncommon. For example, in the United States, litigation over patents is already common practice. A loophole in the law made it possible to somewhat pervert the essence of patenting and gave rise to “Patent trolling” … A few years ago, Apple had a long lawsuit with Samsung over the design of smartphones and tablets.
Competitive businesses can create patents in the form of a warning gesture to anticipate, block , start a legal battle and force the opposite party to abandon the patented sample or receive compensation in monetary terms.
It is especially difficult with the patenting of industrial designs in the world. high fashion because clothes have many characteristics in common – color, texture, and others. It is very difficult to come up with something absolutely new in this regard, because a person has always had two arms and two legs, one head, etc. The same goes for the color scheme in which the designers work.
A sensitive question did not pass by such a giant of the fashion world as the French shoe company Christian Louboutin. In 2008, Louboutin registered a red sole as a trademark, and in 2011, Yves Saint Laurent was suing fashion house Yves Saint Laurent, because the latter planned to release a new line of shoes with a red bottom.
Copying fashion trends is a very common practice, so if a design patent concerns this area, you need to be extremely careful (with both shape and color). What should large companies do for which color – credit card , and is it possible to patent the colors of the product painlessly for the world market? The issue is still controversial. For example, the jewelry company Tiffany & Co patented a turquoise box, and after a while turquoise became their corporate color. But as soon as they get color patent – and that’s it, the company will become monopolist turquoise things. Patent offices are working to prevent such absurd situations, albeit not always smoothly.
World trends in patenting industrial designs
“The strong growth in the number of industrial design applications filed under the Hague System demonstrates the important value of appearance products for obtaining competitive advantages on the market, ”says Harry Francis, 4th Director General of WIPO (World Intellectual Property Organization). Design patent applications grew by almost 40% last year, in part due to the joining of the Republic of Korea, Japan and the United States. The Republic of Korea immediately took fourth place in the ranking in terms of the number of applications submitted, the United States remained in sixth place, and Japan was in ninth.
Among the three world leaders in the number of applications for industrial design patents last year was Germany (3 453 samples), Switzerland (3 316), France (1 317).
Germany received the status of a country of inventors a long time ago, from there came a lot of convenient and already familiar things. Design patents have given us the opportunity to learn in the future what an MP3 player, a hole punch, a fanta, a Christmas tree, studded boots, a taxi meter, jeans and more are.
The most successful and ridiculous industrial designs
Among the patented industrial designs there are certainly very useful ones, but the market is replete with frankly ridiculous cases. It is hoped that the design patent will give useful and ergonomic innovations.
- Sneakers (Nike Flyase 8). Nike has developed a special shoe that can be fastened with just one hand. The development of these sneakers was triggered in 2012 by a written request from Matthew Walzer, who has only one arm functioning due to cerebral palsy.
- Self-cleaning clothing (ODO). The dream of all sloppy and sloppy individuals. However, even the most attentive of us happened to overturn coffee on ourselves. So, the fabric of jeans and T-shirts is made of a special substance that allows you to repel liquids and unpleasant odors. There is a chance to get out of the water literally dry.
- Safety Truck. Samsung has come up with an original solution to the problem of road accidents. They created a truck that broadcasts information from cameras on the bumper to the rear doors, where four monitors are installed. A driver who is driving behind and wants to overtake a truck does not run the risk of getting into an accident due to an unexpected “oncoming” one.
At the same time, it is completely incomprehensible why patents are needed for inventions that are difficult to apply in real life.
- Simulator “Give 5”. The mechanical arm, according to the idea of manufacturers, should help get rid of an overabundance of emotions.
- Slippers for going to the toilet. The mysterious Japanese invented slippers exclusively for going to the toilet, motivating this with an increase in the level of hygiene. At the same time, if there are four of you in the family – already at least four pairs of ordinary slippers, there is a risk that all this will take up too much space.
- Bicycle without saddle and pedals. An invention (originally from Germany) works according to the principle – a person “rolls” and moves with his feet, and the structure moves due to this.
Industrial design patenting – good development indicator country. As Annette Schavan (Germany’s Minister of Education and Research) aptly pointed out: “Global competition for innovation is, first of all, competition for talent.”
Each new invention affects the development of technology and the future of humanity. Regardless of country and legislation, the main patenting function industrial designs – ensuring the protection of intellectual property and regulating the world market.