How do Patents Intersect with Industrial Designs and Trademarks?

HOW DO PATENTS AND INDUSTRIAL DESIGNS INTERSECT?

Learn more about how patents intersect with these other forms of IP.

patent industrial designHOW DO PATENTS AND INDUSTRIAL DESIGNS INTERSECT?

Patent and industrial design protection can be combined and used to protect different aspect of the same invention.

Remember Andrew? He is claiming patent rights in his invention of a pen but he also has industrial design protection over the non-functional aesthetic elements of the pen.

pen1

Andrew will be able to use his patent registrations to stop anyone who manufactures the same invention (i.e. a pen made from a series of magnets) in the countries in which he holds his patents even if the pens don’t look like the POLAR pen.

At the same time, relying on his industrial design registrations, he can stop anyone from manufacturing pens that have the same design features as the POLAR pen even if that person doesn’t also reproduce the patented invention. Of course, Andrew will be able to enforce both his patent rights and his industrial design rights against anyone who produces both the pen itself  and its design features.

Last modified: Friday, 15 September 2017, 3:19 PM