Industrial Design
What is Industrial Design?
Industrial design refers to the distinctive visual features of an article, including its shape, configuration, pattern, or ornamentation, which are created through industrial processes or means. In other words, these features are visually appealing and subjectively assessed by the eye.
What can be registered as an industrial design?
Industrial designs encompass the visual attributes of an article, including its
- Shape
- Configuration
- Pattern, or
- Ornamentation
achieved through an industrial process to enhance its aesthetic appeal.
What cannot be registered as an industrial design?
If the design is
- Not novel -the designed article is intended to be an integral part of that other article,
- Publicly disclosed prior to filing the application,
- Not Industrially applicable
it is not eligible for registration under the Malaysian Industrial Design Act.
Duration of protection for an Industrial Design
Industrial Design registration is valid for a period of 5 (five) years from the date of filing and is extendable for a further four consecutive terms of 5 (five) years each. The maximum protection period is 25 (twenty-five) years.
Law and Regulations governing Industrial Design in Malaysia
In Malaysia, industrial design rights are regulated by the Industrial Designs Act 1996 and Industrial Designs Regulations 1999.
Requirements to file a patent application
In Malaysia, the patent system operates under a “first to file” approach. The filing date is determined based on the receipt of an application that includes the following information:
- Applicant’s name and address
- Author’s name and address
- Identify the classification of the Article
- Representations of design
- Statement of novelty
- Declaration of priority, if claimed
What can we help
We regularly advice clients in the field of industrial design guide them through the registration process.