The design has to contain certain criteria in order to be registered and taken under legal protection.
In order to qualify a design as new, it must not have been made publicly available anywhere in the world from the date of registration.
The design is considered the same if it contains small details from another design. In order to decide that the design is new, it is evaluated separately and visually by evaluating it by placing it side by side with similar design.
In the concept of innovation, an idea is reached by making superficial examination rather than its distinctive feature.
The concept of distinctive feature is used to determine that the design is unique, unique and distinct.
Article 7 of the Decree-Law:
This design is distinctive if there is a significant difference between the overall impression left by an industrial design on the informed user and the overall impression that another design makes such a user.
In order to register a new design, it is essential that it be significantly different from similar designs.
Product or Product Part
Design made independently of the product cannot be legally protected. In order for the design to be registered, it must belong to the product or part of the product.
In accordance with the Article 3 of the Decree Law, As the product; objects, composite systems or parts thereof, sets, sets, packages, combinations of multiple objects or presentations, graphic symbols and typographic characters.
Perception by Human Senses
Design is a visually perceptible object. Therefore, in order for the design to be registered and taken under legal protection, it must be perceived by human beings by visual and other senses.
Before starting the industrial design registration process, a thorough research is very important for the positive result.
Istek Patent attorneys, we provide free design preliminary research service before you start registration of your industrial designs. You can fill out our application form or contact us for more information.