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Designs
What is a design ?
A design is a means to protect the external aesthetic form of a product, for a maximum validity period (25 years) and in a given territory.
« It really is a question of distinguishing the aesthetic characteristics of the product from its technical ones: only the former can be protected by a design », an Aquinov IP Consultant explains.
The conditions when filing a design:
It is the originality of the design which will allow it to be filed: it is absolutely essential that a distinctive sign is visible which highlights the novelty of the object’s or product’s design and this for a given application or a given classification.
N.B.
For a single filing, it is possible to register from 1 to 100 models. The filings of designs are carried out particularly in the fashion industry, in the creation of jewellery etc.
Examples of designs :
For a horse van body.
For Delsol hair clips.
How can Aquinov help you to file a design?
- Thanks to its in-house drafter, Aquinov can offer you its expertise in visualizing products.
- Aquinov enables you to save time thanks to its extensive knowledge of companies and of patents which may already have been filed.
- With its triple skills in IP Consultancy (patents, trademarks AND designs), Aquinov is able to manage all aspects of every file.
Advice from the Aquinov expert
« Always include the design issue in your industrial and economic strategy and ask yourself the right questions :
Which should I file for first, a patent or a design?
Be careful ! A design only protects the aesthetic aspect of an object. Aquinov will help you take the right decision so that there will be no previous design on the patent.
Is my design acceptable?
To properly protect the aesthetic aspect of an object, as many illustrations of it as necessary must be made in order to highlight this object’s aesthetic characteristics. Moreover, these illustrations must conform to the specific quality norms that only IP professionals such as those at Aquinov know.
Do I have to write up a descriptive text to accompany the illustrations of my object?
There again you need to be careful ! If ever you make reference to technical aspects in this text, it can put the filing of this design into question.
Aquinov will help you to answer all these questions and advise you in order to present the best possible design application file. »
Le Conseil
Patents
« Always include the patent issue in your industrial strategy and ask yourself the right questions:
How advisable is it to protect this invention?
Am I sure I am not a counterfeiter of a patent which already exists?
If this invention is free to be used, what is the interest in having it protected by a patent and do I have the right to do so?
If I have the right, do I protect it with a patent or do I prefer not to communicate about it and keep the skill within the company?
Aquinov will help you to answer all these questions and will advise you on how to adapt your choices to your company’s global strategy (and not necessarily just your technical one). »
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