Understanding the Difference Between Patents and Industrial Designs in Indian Intellectual Property Law

Hashim Wafa
Director, Corporate Lawyer & IP Attorney

19-Jul-2024

Intellectual Property Rights (IPR) are pivotal in safeguarding the innovations and creations of individuals and organizations. In India, two critical aspects of IPR are Patents and Industrial Designs. Both serve to protect different forms of intellectual property, but they cater to distinct types of innovations and offer unique benefits. Here, we explore the fundamental differences between Patents and Industrial Designs under Indian law.

Patents

A Patent is an exclusive right granted to an inventor for a novel, non-obvious, and useful invention. This legal protection allows the inventor to exclude others from making, using, selling, or importing the patented invention without permission for a specified period, typically 20 years from the filing date of the patent application.

Key Characteristics of Patents:

Scope of Protection: Patents protect the functional and technical aspects of an invention. This can include new products, processes, machines, or compositions of matter.
Criteria for Patentability: An invention must be novel, involve an inventive step (non-obviousness), and be capable of industrial application.
Duration of Protection: Patents provide protection for 20 years from the filing date of the application.
Examination Process:The patent application undergoes a rigorous examination process to ensure it meets all the criteria of patentability.
Rights Conferred: Patent holders have the right to prevent others from manufacturing, using, selling, or distributing the patented invention without authorization.

Example:

A new drug formula that treats a specific disease.
An innovative machine that increases manufacturing efficiency.

Industrial Designs

An Industrial Design refers to the ornamental or aesthetic aspect of an article. It consists of features such as shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form.

Key Characteristics of Industrial Designs:

Scope of Protection: Industrial Designs protect the visual design of objects that are not purely utilitarian. This includes the unique appearance, shape, or surface pattern of a product.
Criteria for Protection: The design must be new or original and not previously published or used in any country before the date of filing or priority date.
Duration of Protection: Industrial Designs are protected for ten years, which can be extended by an additional five years.
Examination Process: The registration process involves checking whether the design is novel and original but is generally less stringent compared to patents.
Rights Conferred: Owners of registered designs have the exclusive right to apply the design to the article in question and to prevent others from using or copying it without permission.

Example:

The unique shape of a beverage bottle.
Decorative patterns on textiles or wallpapers.

Legal Framework in India

Patents:

Governed by the Patents Act, 1970, and the Patents Rules, 2003.
The Controller General of Patents, Designs, and Trademarks administers the patent system in India.

Industrial Designs:

Governed by the Designs Act, 2000, and the Designs Rules, 2001.
The Controller General of Patents, Designs, and Trademarks is also responsible for the registration of industrial designs.

Conclusion

While both patents and industrial designs are crucial elements of Intellectual Property Rights in India, they serve different purposes. Patents protect the functional and technical aspects of innovations, providing a monopoly over the invention's usage and commercialization. In contrast, industrial designs safeguard the aesthetic and ornamental features of a product, ensuring its unique visual appearance is not replicated without authorization. Understanding these distinctions helps innovators and businesses effectively protect their intellectual property and leverage their creations' full commercial potential.

For businesses and individuals seeking to protect their intellectual property, it is essential to identify the nature of the innovation and choose the appropriate form of protection under Indian law.

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