Industrial design refers to the features of shape, configuration, pattern or ornament of an article (product). The design features must be industrially applicable in order to justify for industrial design. In other word, industrial design refers to the visual appearance and outlook of a product; and it does not refer to the technical function of the product.
As a general rule, an industrial design consists of:
- 3D features, such as shape of a product,
- 2D features, such as ornamentation, pattern lines or colour of a product; or
- A combination of one or more of such features.
What can be registered as an industrial design?
In order to grant for industrial design registration, the design must meet one of more of the following requirements:
- The design is new
- The design is original – it must has been independently created by a designer and is not a copy or an imitation of existing design
- The design is industrially applicable which it can be applied and used in commerce
What is not considered as industrial design?
- Method or principle of construction
- Technical function of a product
- The design or features of the product which is integrally similar with another existing products
Protection and term of industrial design registration
The owner of creator of the design can apply for registration in Malaysia. The maximum life time of a design registration in Malaysia is 15 years. It valid for an initial 5 years from the date of filing, and can be renewed every 5 years up to a maximum of 15 years.
Rights of industrial design
Through registration of design, the registered owner will obtain an exclusive right to use the design and to prevent any third parties from using the design without the owner’s permission.
A registered design owner may assign or license his rights in the registered design. If the registered design is assigned or licensed, this should be recorded at the Registry of Designs.
Our roles in industrial design
Our role is to supply the following services to our clients:
- Design availability search and analysis
- Prosecution of design applications
- Maintaining protection rights granted from the design registration
- Advising clients on the matters of industrial design