Design right is given to its inventor to encourage creative spirit and thereby contribute to development of industry. Exclusive right for design is given to its inventor for a limited period of time.
Design right is protected by laws in an aesthetic viewpoint rather than technology. One who has a design right can exclude others from making, selling or offering for sale products defined by design and file a compensation suit against an infringer.
Object for Design Application
Object for design application is a combination of shape, color and so forth of a product, which brings about visual aesthetic feeling. The aesthetic visual can be decorative or functional.
Articles or goods as an object for design application should have a definite form and be able to be industrially produced. Font is also an object for design application. User interface of a smart phone or PC can be protected as an object for design application.
Examination Guideline of Design
Patentability of design applications is determined by considering industrial applicability, novelty, and non-obviousness (inventiveness).
Consideration of non-obviousness examination may not be simple. Direct or divertive use, or imitation of publicly known design can’t be granted. It can be granted only when a new aesthetic point of view is created through non-obvious combination and new interpretation of prior designs.