Designs

Designs

A “design patent” protects the external appearance of a product. According to the Israeli law: “The appearance of a product or part of a product, consisting of one or more visual characteristics of the product or part of the product, as the case may be, including outline, color, shape, decoration, texture or material of which they are made.” That is, the design protects the appearance of the product and this protection, by law, applies to industrial design recognized in its appearance. Here, too, as with patents, the first to file receives the spoils. The filling of the design is typically accompanied by a set of pictures or drawings of the product. After filing, the design usually undergoes an examination. If the design passes the exam successfully, it is approval and certified as a “granted” design.

The life span of a design

Here, too, as with patents, under the Paris Convention it possible to submit an initial design in the “country of origin,” and after a period of up to 6 months to submit in another contracting country of the treaty. According to the Paris Convention, the design application date in one country will be recognized by the other contracting countries as the date of application in their country, if the application is submitted in the other country within six months of submission in the first country. For example, if an inventor submits the initial application for design in Israel, and then submits the application for design in the U.S., within six months of the initial submission, the U.S. will recognize the priority of the earlier Israeli application for the U.S. application. In practice this treaty provides a priority of up to half a year in terms of originality, innovation, and uniqueness.

Pros: The submission process is simple, quick, and relatively inexpensive. One can win protection for up to 15 years without having to prove copying or theft.

Disadvantages: A design protects the external appearance only.

Tips & Warnings: When the requested protection is for the external appearance only, it is advisable to apply for a design.