Patents

What are industrial designs?

Industrial designs are any three-dimensional form, colored or not, and any industrial or craft product that serves as a pattern for the manufacture of others like it and is distinguished from similar products either by its form, geometrical shape or decoration, or a combination of these, insofar as those characteristics give it a special appearance perceptible to the eye in such a way that a new character results.

What are industrial drawings?

According to Article 62 of Law No. 19,039, industrial drawings “shall include all arrangements, collections or combinations of figures, lines or colors developed on a plan or diagram for incorporation in an industrial product for the purpose of decoration and to give said product a new appearance.”

Characteristics of the right

According to Article 63 of the Law, “The provisions of Title III concerning patents shall be applicable as appropriate to industrial designs [or drawings], without prejudice to the special provisions under this Title”. Thus, rights granted by a patent are similar to those granted by an industrial design or drawing, in everything corresponding to the specific nature of this right and contained in Title V of the Law.

Difference between industrial designs and industrial drawings

The difference between an industrial design and an industrial drawing is that the latter is two-dimensional and the former three-dimensional. Printed cloth, fabric, or any other laminated materials are encompassed by what can be protected as industrial drawings, as long as they fulfill the novelty requirement.

What is protected in this example is the color and shape of the lines in the pattern, not the object to which it is applied. For example, if the fabric is used for a sofa, the protection does not include the sofa.

Industrial drawings shall be considered novel when they differ significantly from known industrial designs or drawings, or from combinations of characteristics of known industrial designs or drawings (Article 62, Law No. 19,039).

Duration of protection granted to industrial designs or drawings

The duration period for the protection for industrial designs or drawings varies from country to country, but is usually set at a minimum of 10 years. According to Chilean legislation, the registration of an industrial design or drawing is valid for a non-renewable period of 10 years, from the filing date.

With regard to the duration, it is important to keep in mind that the priority period of industrial designs or drawings, as established by the Paris Convention, is 6 months, if protection is sought in another country.

Any industrial design or drawing duly registered should visibly display the words “Dibujo Industrial” (industrial drawing), “Diseño Industrial” (industrial design), or the Spanish initials “D.I.” followed by the registration number. These markings can be placed on the packaging, as long as the product is presented in a sealed fashion to the consumer, in a way that requires destroying the packaging to access the product.

Novelty as sole requirement for the registration of industrial designs or drawings

The industrial design or drawing must be “novel” in order to obtain the state protection, without prejudice the others common requirements applicable to all industrial property rights.

A design is considered novel if no identical or similar design has been made public previous to the filing date of the design’s application. That is, designs are considered new when they differ significantly from known industrial designs, or from combinations of characteristics of known industrial designs.