According to the Malaysian registrar of Patents,
an industrial design is the ornamental or aesthetic aspect of an article. The design may consist of two or three-dimensional features such as the shape and configuration of an article. It is mainly concern with its pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal visually.
PatentAgentip is a Registered Malaysian Industrial Design Agent. We provide industrial design searches, filing and infringement litigations for the territories of Malaysia and Singapore.
There is a vague distinction between a patent and an industrial design, and often enough, when you have to choose between the two, you would need expert advice to distinguish which is which.
The chief difference between a patent and an industrial design is that there is normally a mechanism in it and a industrial design does not. An industrial design is an outside feature or shape of an article. It has no internal function or mechanism. An example of a patent could be a massaging chair (with its internal massager) and an industrial design is the outward appearence of the chair.
So an industrial design protection refers to an outward appearance, its shape. You can have both a patent and an industrial design on an article. When you are faced with which to choose to file your idea, always seek proper advice as there is a big difference in the cost and time to secure the two categories. And sometime, choosing a third category like a trade secret could be even more appropriate.
When in doubt, send us a note, describing in rough terms your product, so that we could advice you accordingly. Click here to send us a query
How long is the Protection?
An industrial design grant is given an initial protection period of 5 years from the date of filing. It is extendable for a further four consecutive terms of 5 years each provided the maintenance fee is paid. The maximum protection period is 25 years.
Malaysian Industrial designs is governmed by the Industrial Designs Regulations 1999.