You have imagined, developed or manufactured an object, a creation, r product, which has an original shape, a unique design.
To protect your creation and prevent any copying or counterfeiting of your product or work, it is important to consider registering a design. It is an Industrial Property right.
The registration of a design (we can also say design patent) is possible if the creation is new and original. A design shall be considered new if, at the time of filing, no identical or similar design has been disclosed. Indeed, minimal details between two designs do not ensure uniqueness and originality is only proven if the overview differs from any previously disclosed design. If these two conditions are met, you may consider protection by a registered design.
Obtaining the registration certificate will allow you to date the protected creation. This date, known as the “certain” date, makes it possible to prevent the appropriation of your creation by a third party, as from the said date. Any subsequent creation that presents a similar overview could then be prohibited. A registered design can generally be protected for up to 25 years from its filing date and offers its owner a monopoly of exploitation. There may be some specificities depending on your country, so we invite you to check directly with your national office to better know what is really possible and optimal for you.
A registered design generally allows a better exploitation of protected creations. For example, the negotiation of a manufacturing or distribution contract with a partner can be facilitated if the creator is able to guarantee that his creation is protected and that this protection has been recognized (by the INPI if you are in France for example).
It also makes it easier to formalize any licensing agreement as the exploitation rights given in the licensee are easily identifiable through this official IP right.
A protected creation is therefore better valued.
To give you an idea of the associated registration costs, a simple deposit costs less than €40 in France. The price increases according to the number of views to be protected and the scope of protection (especially geographical).
Using an Industrial Property Attorney to file a design is more expensive, but it often provides optimal protection and better value because the protection is adjusted according to the risk of infringement by a third party. This makes your creations, your business, or even the search for potential investors or partners (sale, license, royalty) all the more credible.
Registering a design therefore brings real financial and legal added value to design owners.
To facilitate your procedures, we suggest that you contact professionals to file and manage your models or drawings.