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Most Recent Articles For: IP law

Written by Willy Bernabe on February 16th, 2010

Industrial design applies a blend of art and science for working upon a product in a way that there is an increase in its commercial value through enhanced appearance and functionality. It can be used before a product is formally launched as well as later for enhancing the quality of the product.

The goal of industrial design is creating a favourable impression of the product. The consumers should see the product as something valuable, for which they are ready to pay the price. This value enhancement is achieved by adding new aspects to the product so that it becomes more useful, and by enhancing its appearance so that it ends up being more attractive to consumers.

This requires a comprehensive study into the patterns of consumer habits, which can then be taken into account by the designers of the product. This must be succeeded by other aspects like drawing, sampling, and a round of testing before the item is ready for promotion. Nowadays, there is a popular trend of making use of 3D software and CAD applications for making these tasks easier.

Industrial designing essentially emphasizes on a product’s overall shape and texture. Designers have to work on the functionality, durability, and user friendliness of the product besides its looks and features such as colour and also the sounds. In addition, it is also possible for the designer to decrease the costs of production by introducing more cost effective designs.

Industrial design also encompasses other features like product packaging, study of a buyer’s psychological reaction towards a product, and his or her level of emotional attachment to the item. Hence industrial designers undergo years of special training before they work on a real project.

Some of the well known industrial designers are Raymond Loewy, who designed the Coca-Cola bottle, Jonathan Ive, credited with designing the iMac and Brooks Stevens, the most accredited designer of the Harley-Davidson motorcycle.

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Written by Lovey Tan on November 15th, 2009

Patent is essentially a legal acknowledgement of an invention by the state that protects the rights of the creator in his invention and deters others from illegally using the patented product or its manufacturing method for a certain period. It permits the inventor to take any infringer to court for violating his exclusive rights over the usage of the product as acknowledged by the government.

Patents can be categorized under three main groups. These are utility patents, design patents, and plant patents.

A design patent safeguards the way the product looks and is designed. Hence, it protects the shape, configuration and even adornments of the product. Design patents are quite useful for businesses that work upon current products and develop fresh looking variants that have a commercial worth of their own in the global market.

The second kind of patent is a utility patent which protects a new and utilitarian product, composition or innovation of an existing product. It essentially protects the way a product is or the manner in which it works. This is the most commonly applied for patent and it can be obtained along with a design patent.

The third major kind of patent relates to the protection given for invention of an asexually produced distinct variety of a plant that is new and unknown in the field. It protects an invention from infringement by way of production or marketing of a part of the plant or the entire plant.

However, besides these categories there is another category of patents, known as provisional patents that are issued for a provisional period, if the inventor has a time constraint or resource crunch to file a proper patent application. In these cases, you are permitted to file a more detailed patent application at a later date, though it does not let you to make radical changes from your claim in the provisional patent. This kind of patent is usually sought when you are getting close to the end of development of the product.

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Written by Kate Taylor on October 22nd, 2009

Three crucial legal frameworks – copyrights, trademarks and patents – arise from the same fundamental legal requirement. These are forms of intellectual property that protect the interest of inventors and creators. However, there are various points of differences among the three.

The fundamental difference is that the patents safeguard rights over a tangible or conceptual invention, whereas the copyrights secure documents or images created by the author. A trademark, on the other hand, can be a word or a logo that can differentiate products of one firm from the others.

Secondly, patents are the most effective forms of intellectual property, especially because they are based on strict liability principles. This is to say that even if the infringer has no deliberate intention of infringement, he will be liable for the same. Therefore, patents accord higher safety than copyrights and trademarks that allow certain exceptions like fair use etc.

A patent is normally valid for 20 years and then it moves from exclusive ownership of the patent owner, to the public domain availability of the idea. Whereas, trademarks continue for an infinite time period while copyrights are valid for 60-70 years from the date of creation of that work. Moreover, patents have the ability to protect your interests in a much more exhaustive way. This is to say that while copyrights protect only the expression of ideas, patents cover the techniques as well as the fundamental principles behind an invention.

Finally, since these three kinds of IPR offer different levels of protection for different things, the processes for submitting an application for them are also significantly different from each other. For instance, the application for a patent needs intricate explanation of the invention, which is not needed in case of copyrights or trademarks. However, a copyright application demands a replica of the original work, while a trademark needs a thorough search for similar marks in existence in the market.

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