What Cannot Be Protected Under Industrial Design?

Industrial design is the process of creating products that are both aesthetically pleasing and practical. It involves studying user needs and creating products that meet those needs.

Industrial designers use a variety of techniques, including computer aided design (CAD), 3D modelling, prototyping, and product testing. Industrial designs are protected under intellectual property law to prevent unauthorized copying or imitation of the product.

Industrial designs can protect the overall appearance of a product, including its shape, configuration, pattern, ornamentation and colour. This type of protection helps to ensure that the original designer can reap the rewards for their creativity and hard work. It also allows them to recoup their research and development costs.

However, there are certain things that cannot be protected under industrial design law. In general, functional features cannot be protected because they are considered public domain knowledge.

For example, if an industrial designer creates a new type of pen with improved ergonomics for writing comfort, then another company cannot be prevented from making a similar pen with the same ergonomic features.

Additionally, certain features may be excluded from protection if they lack originality or novelty. This means that if something has been seen before in other products then it is not eligible for protection. For example, a common feature such as a spout on a water bottle would likely not qualify for protection under industrial design law because it has been seen in many other products.

Conclusion:

In conclusion, while industrial designs can protect the overall appearance of products from being copied or imitated without authorization, there are certain things that cannot be protected under industrial design law such as functional features and elements which lack novelty or originality.