Intellectual Property Law – What A Designer Must Do To Register A Design Patent
A luxury goods maker holds a patent on their products. Once the inventor finds a way of exploiting the market, the patent is generally granted. This can be for a period of years or until a product becomes widely known and sells well. There are many different ways that patents are granted, but they can be for a wide range of items such as a new machine or invention, or even an improvement on an existing product.
A patent will protect the designer or inventor from someone else creating an exact duplicate of the product, or even using parts or manufacturing techniques that are similar. A good example of this is designer clothes that are manufactured in bulk. A luxury goods maker that produces unique clothes is likely to be granted a patented rights so that if another company makes a similar product, the original designer is protected.
Sometimes a luxury goods maker will need protection from competitors. For example, a furniture retailer needs to stop other retailers from selling cheap plastic furniture that looks exactly like the expensive branded furniture being sold by them. The patent granted to the luxury goods maker allows them to do this. They can make small changes that make the plastic furniture look much better or use other methods to make it look almost identical.
Patents are very important for a luxury goods maker, because they help to keep ideas and inventions out of the hands of others who may want to profit from them. If a patent is granted, a business or person cannot use an invention, method, process, design or idea. There are many ways in which a person can get their invention patented. Most companies that obtain a patent register their intellectual property with the USPTO, or the United States Patent and Trademark Office.
Sometimes a business or person will hold a copyright on a specific idea or invention. This copyright will remain all throughout the life of the product. It can even be passed down to the next generation as long as the original owner of the copyright keeps it. The luxury goods maker does not have to register their patent with the USPTO. Once the products are sold, they are no longer protected by the law. The products are considered raw materials and the rights over these materials are given to the manufacturer.
A designer also holds exclusive rights to his or her own creations. A designer may come up with an idea and hire an industrial designer. Together they will come up with a concept. Once the designer has completed the concept, he or she will ask that individual to create the goods using his or her specifications. Only the designer will be allowed to name his or her exclusive rights.
If a designer wishes to sell his or her creations, he or she must hold a copyright. All sales of the designer’s goods must be done through his or her own sales channels. A designer can also hold an exclusive license to use a brand name. Once a licensed manufacturer sells a product under this exclusive license, the goods maker is allowed to use the brand name in all of his or her future designs. Each designer is different and may have many different means of receiving money for his or her exclusive rights.
Luxury goods makers will always find ways to protect their valuable intellectual property rights. If a manufacturer produces a product, makes modifications to it, adds a logo, or changes the name of the product, the designer must register his or her intellectual property with the USPTO. The USPTO holds all exclusive rights to the goods. A designer who fails to register his or her intellectual property right will be infringing the right of another. An infringement lawsuit against a designer could result in him or her being forced to remove all copies of his or her work from the marketplace.