Industrial Design and Utility Model, What to register?

Industrial Design and Utility Model, What to register?

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

What is an Industrial Design and 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, which 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, and

II.- Industrial models, consisting 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 soon 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 utility of the invention by being: objects, utensils, appliances or tools that, as a result of a modification in their arrangement, configuration, structure or shape, present a different function compared to the parts that integrate it or advantages in terms of their utility.

What are the benefits?

Industrial Design:

• ‍Aesthetic protection: Industrial designs focus on the appearance and aesthetics of a product. By registering a design, the owner obtains an exclusive right to 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, as 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 from the date of submission of the application. It is worth mentioning that a renewal must be done 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 to the invention, which prevents others from using or imitating the innovation without their 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.
• ‍Potential for monetization: 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 from the date of submission of the application.

What are some examples?

Industrial Designs:

1. 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.
2. Packaging of a bottle of perfume: The design of a perfume bottle is essential to attract consumers. It can be a crucial aspect in establishing the brand image and differentiating itself from the competition.
3. 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:

1. Quick lock mechanism for bicycles: A utility model could be applied to an innovative mechanism that allows you to quickly lock and unlock a bicycle. This type of invention is not only aesthetic, but it provides a technical solution to a specific problem.
2. Hermetic sealing device for food containers: A utility model could address a new and effective closing mechanism that keeps food fresh and prevents spills in containers. This solves a technical problem related to food preservation.
3. 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 recommended to register with a lawyer?‍

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 key reasons to consider the assistance of an attorney who specializes in intellectual property:

Specialized Knowledge: Intellectual property attorneys have specific experience and expertise in filing applications for registration, which increases the chances of success and minimizes errors.

Effective Protection: An attorney can help you properly identify and protect your intellectual property rights, ensuring that appropriate legislation is used and registration requests are submitted correctly.

Problem Solving: In case of litigation or disputes 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.