How to determine Patent protection or Industrial Design?

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  • 4 min read

Question:

If I have a product I want to wp-signup.phpkan as a patent. Does the protection also include protection against the design of the goods, or is it different? Because I also want to protect the physical form of this product. Please enlighten me, Legalku .. Thank you. (Okki, Bandung Regency)

Answer: Hello Sis Okki, thank you for asking my Legalku. Intellectual property in the industrial property sector includes: patents, brands, industrial designs, integrated circuit layout designs, and plant varieties. Among these industrial property rights, patents, industrial designs, and integrated circuit layout designs are synonymous with the use of technology and it is not uncommon for us to confuse them. Regarding your question, patent protection and industrial designs are discussed below. A patent is an inventor’s exclusive right to an invention in the field of technology for a certain period of time to carry out his own operation or to give approval to another party to carry out his invention. To be protected, the invention / product that is to be signedup.phpkan must meet the following three conditions:

  1. New (not the same as previously disclosed technology)
  2. Contains inventive steps (including things that could not be predicted before someone who has certain expertise in engineering)
  3. Can be applied in industry (can be produced or can be used in various types of industries).

On the other hand, industrial design is a creation of shape, line or color composition, or a combination thereof in three or two dimensions which gives an aesthetic impression and can be realized and can be used to produce a product, goods, industrial commodity or handicraft. To be protected, Industrial Design creations must meet the following two conditions:

  1. have novelty ( novelty ) with a note if on the date of receipt of the application for signup. the industrial design is not the same as the disclosure of an existing industrial design;
  2. Not against the prevailing laws and regulations, public order, religion, or morals.

Although in Indonesia, there is no written regulation regarding patent grouping, internationally there are those known as design patent (Design Patent) and utility patent (Utility Patent). The Design Patent protects the unique shape, appearance and form of a product. The design patent does not focus on usability and instead focuses on the ornamental design of the invention. On the other hand, a Utility Patent is the most frequently filed application for patent protection, protecting the manufacture of new or improved products, processes or machines. Although utility patents are more expensive than design patents, they will usually better protect your invention by providing more extensive patent protection. Patents relate to technology in the form of products or processes that contain novelty, inventive steps and industrial applications (more on their functions and in the form of products and processes or improvement and development of products and processes). Meanwhile, “Industrial Design” is a creation in three or two dimensions that gives an aesthetic impression and can be applied in industry to produce products, goods or handicrafts (Not functional but aesthetic in products or goods). Industrial designs only protect the appearance or aesthetic features of a product, whereas patents protect inventions that offer new technical solutions to a problem. In principle, Industrial Design does not protect the technical or functional features of a product where these features can be protected by patents. Because Indonesia has not implemented a separation between design and utility patents, what is protected is the utility. If the product you are manufacturing leads to the creation of a product that has a function that didn’t exist before and meets new requirements, has an inventive ledge, and can be applied in the industry, then a more appropriate protection would be Patents. However, if you also pay attention to the aesthetic concept of the shape of the product, you are advised to signup.php for the product design in Industrial Design protection.

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