Patent and design are the two different forms of intellectual properties. Both are governed by two different laws. Some people find it difficult to differentiate between them as both are used to protect the ideas and products of a particular business. But for the better protection of the intellectual property or we can say to obtain the correct intellectual property protection it’s really important to understand the patent vs design concept. Only after having understanding of the patent vs design, one can choose one out of these two as per the requirement of the business. If you are also struck between the patent and design, must read this blog till its last line. It will make everything clear which will surely be helpful for you.
What is Patent?
Under the Patent Act of 1970 inventions which are unique and new and having implementation in the industry are protected through Patent Registration. As per the section 2(m) of the patent law every invention which got protected under this law is known as patent. This protection is necessary in order to save the invention from infringement. Not every invention got this protection. Under section 3 of the Patent Act of 1970 some inventions are given on which patent protection cannot be taken. The list of such inventions includes the following:
- Frivolous inventions
- Obvious inventions
- Invention which is against the public order
- Invention that cause prejudice to the human, animal or environment
- Mere discovery of anything will not be considered as the invention
- Result of mere admixture will not be considered as invention
- Arrangement or re-arrangement of already existing things
- Duplication is not invention
What is Design?
The word has been defined under Section 2(d) of the Design Act of 2000. This word means and includes the following:
- Features of shape
- Configuration
- Pattern
- Ornament
- Composition of lines
- Colors used on any given article
Any industrial process or means, whether manual, mechanical, chemical, separate, or combined, that, when completed, appeal to and are evaluated solely by the eye, whether in two dimensions, three dimensions, or both; but excludes any mode of construction, principle, or anything that is essentially a simple mechanical device will be considered as design.
This word design shall not include any of the following:
- Trademark which is described under Section 2(1)(v) of the definition clause of the Trade & Merchandise Marks Act of 1958 which s the 43rd act of 1958
- Property mark which is described under the Section 479 of the Indian Penal Code of 1960 which was the 45th act of 1860
- Any artistic work as defined under the Section 2(c) of the definition clause of the Copyright Act of 1957 which was the 14th act of 1957
Patent vs Design: the Key Differences
There are a lot of differences between both patent and design, that is why it has been discussed in the form of patent vs design. Some of the key points of distinction are mentioned below:
Different Forms of Protection
There is a vast difference between the two things which got protected under the patent vs design. Patent protects the invention and the process through which a particular thing is invented whereas the outer appearance of the product has been protected under the design. Maybe for a layman both of them seem the same but under the law they are two very different intellectual properties. Hence to choose the right one you must be aware about the various things regarding patents and designs.
Different Process of Registration
Now comes to the registration process of patent and design. As mentioned above that they are two different intellectual properties, it is very obvious that their registration process will also differ. The process of registration of patents prescribed under patent law is lengthier than the process for design registration which has been prescribed under the design law. For the completion of the registration process of both patent vs design it’s important to understand them separately.
Different Cost for Protection
In comparison to the patent protection, design protection is much cheaper. This is because of the two reasons, first is that the patent protection is in demand very much and secondly the process of patent protection is lengthy. It is very difficult to get patent registration on one’s invention. Due to all these things the cost of protection of the patent is more than the cost of protection of design.
Different Protection Period
When the time duration of the registration of the patent vs design is compared it is found that patent registration takes more time for the completion of the registration. Patent registration is given for 20 years while design registration is given for 10 years. Their renewal period also varies. The renewal of a patent must be done after 20 years whereas renewal of design needs to be done every 10 years.
Different Governing Law
The very basic distinction in the patent vs design is that they are governed by two different laws. Patent is governed by the Patent Act of 1970 whereas design is governed by the Design Act of 2000. The law of patent is older than the law of design because design registration and its protection is a kind of newly evolved intellectual property.
Conclusion
When one reads patent vs design, many distinctions between them come out in front of him or her. These two are the fundamental intellectual property protection. Patents safeguard novel inventions and their processes under the Patent Act of 1970, while designs protect the external appearance of products under the Design Act of 2000. These two forms of protection vary in registration complexity, cost, duration, and governing laws. Patents involve a more intricate and costly registration process, offering a longer protection period of 20 years with renewals required. In contrast, design registration is simpler and more cost-effective, protecting the visual aspects for 10 years. This understanding is vital for individuals and businesses in India to make informed choices regarding intellectual property protection, aligning their specific needs with either patent or design rights effectively.
