Industrial Design and Utility Model, What to register?

Industrial Design and Utility Model, What to register?

Understanding the difference between one registry and another will allow us to identify the best way to effectively protect the intellectual property of your creation.

Intellectual property plays a fundamental role in protecting creativity and innovation in the business world. Two essential aspects of intellectual property are the records of industrial design And the utility models. Here we will explore why they are crucial and what are the differences between them.

What is an Industrial Design and a Utility Model?

Industrial Design

It focuses on the aesthetics and appearance of a product. It applies to everyday objects such as furniture, electronic devices, packaging and more. It protects the shape, color and ornamentation of the product.

Industrial designs comprise two types:

• I.- Industrial Drawings: They are any combination of figures, lines or colors that are incorporated into an industrial or artisanal product for ornamental purposes and that give it a peculiar and unique appearance.
• II.- Industrial Models: They consist of any three-dimensional shape that serves as a type or pattern for the manufacture of an industrial or artisanal product, which gives it a special appearance as long as it does not involve technical effects.

Utility Model

It focuses on the functionality or improvement of an existing product. It can be applied to a wide range of inventions, from tools to processes. It protects the usefulness of the invention as: objects, utensils, appliances or tools that, as a result of a modification in their arrangement, configuration, structure or form, they have a different function compared to the parts that make it up or advantages in terms of its usefulness.

What are the benefits?

Industrial Design

• Aesthetic protection: Industrial designs focus on the appearance and aesthetics of a product. When registering a design, the owner gets a exclusive right on the appearance of the product, which prevents others from copying or imitating the design.

• Differentiation in the market: A registered industrial design allows a product to stand out in the market and be more attractive to consumers. This can be a significant competitive advantage.
• Business Value: Registered industrial designs can have substantial commercial value, since they can be licensed or sold to third parties, which can generate additional income for the owner.

• Term of protection: Industrial designs shall enjoy protection for a maximum period of 25 years non-extendable starting from the date of submission of the application. It should be mentioned that a renewal will have to be carried out every five years.

Utility Model

• Protecting innovation: Utility models focus on the functionality and innovation of a product. By registering a utility model, the owner obtains exclusive rights about the invention, which prevents others from using or imitating the innovation without your permission.
• Promotion of research and development: By providing protection for minor improvements or innovations in existing products, utility models encourage investment in research and development by providing security to inventors.
• Monetization potential: Registered utility models can increase a company's value by adding intangible assets that can be licensed or sold.
• Term of protection: Utility models will enjoy protection and exclusivity for a total period of 15 years non-extendable starting from the date of submission of the application.

What are some examples?

Industrial Designs:

• Design of a smartphone: An industrial design could be applied to the external appearance of a smartphone, including its shape, buttons, screen and housing. A unique and attractive design could give a company a competitive advantage in the market.

• Packaging of a perfume bottle: The design of a perfume bottle is essential to attract consumers. It can be a crucial aspect in establishing the brand image and differentiating yourself from the competition.

• Ergonomic office chair: The design of an office chair can influence its comfort and functionality. An ergonomic design can be considered an industrial design and protected as such.

Utility Models:

• Quick lock mechanism for bicycles: A utility model could be applied to an innovative mechanism that allows a bicycle to be quickly locked and unlocked. This type of invention is not only aesthetic, but it provides a technical solution to a specific problem.
• Hermetic sealing device for food containers: A utility model could address a novel and effective closing mechanism that keeps food fresh and prevents spills in containers. This solves a technical problem related to food preservation.
• Automatic pool cleaning system: A utility model could protect an innovative system that automates pool cleaning in a more efficient way. This type of invention focuses on functionality and utility, rather than aesthetics.

Is it advisable to register with an attorney?

Registering an industrial design or utility model is not an easy task, since it involves complying with legal requirements and submitting appropriate documentation. Here are some key reasons to consider the assistance of an intellectual property attorney:

• Specialized knowledge: Intellectual property attorneys have the specific experience and knowledge to file registration requests, increasing the chances of success and minimizing errors.
• Effective protection: An attorney can help you properly identify and protect your intellectual property rights, ensuring that appropriate legislation is used and that registration requests are submitted correctly.

• Problem solving: In case of litigation or controversy related to your intellectual property rights, an attorney can represent you in legal proceedings and help you resolve problems effectively.

• Saving time and resources: Hiring an attorney can save you time and resources, allowing you to focus on your creativity and business while professionals handle legal aspects.

In short, intellectual property plays a crucial role in protecting creativity and innovation in the business world. Industrial design records and utility models offer significant benefits, and having a specialized lawyer can ensure effective protection and proper management of these rights, maximizing the value of your intellectual assets.

Get advice from RMG Abogados.