Key Considerations for Registration:
- Thorough Application Preparation: Ensure all documents are accurate, complete, and compliant with legal regulations.
- Check for Protection Eligibility: Conduct a prior search to ensure the industrial design is unique and does not resemble previously registered designs.
- Monitor the Processing Timeline: Regularly track application progress and respond promptly to any requests from the Intellectual Property Office (NOIP) to ensure a smooth registration process.
Products Not Eligible for Industrial Design Protection
According to Article 64 of the Intellectual Property Law, the following objects cannot be protected as industrial designs:
- Designs dictated solely by technical features
- The shape of a product determined purely by its technical function is not eligible for protection.
- Example:
- The spiral shape of a drill bit
- The flat, round shape of a CD
These forms are functionally necessary and not considered creative designs.
- Architectural and industrial structures
- The external shape of civil or industrial buildings is not protected as industrial designs.
- Reason: Buildings cannot be mass-produced identically, and their value is primarily aesthetic rather than industrial.
- Designs that are not visible during product use
- Example: The internal structure of a motorcycle engine
Reason: Industrial design protection applies only to visible external features with aesthetic appeal. If a product’s shape cannot be seen during normal use, it cannot be registered as an industrial design.
See more at: Intellectual Property
