Tag: utility vs design

Airpod Design Patent

Utility Patents vs Design Patents (Industrial Designs)

            While the definition of Patent merely covers utility patent according to the Indian Patent Act, 1970, the same isn’t true in many other jurisdictions. For example, in the United States, there are three types of patents, namely utility patent, design patent, and plant patent. In India, design patents are called “Industrial Designs” and are defined under the Industrial Designs Act, 2000 (hereinafter referred to as the ‘Act’). India does not have the concept of plant patents and hence we will not be discussing plant patents in this article. Utility Patents             Utility patents, as their name suggests, protect the utility/functionality surrounding an invention. Utility patents may be granted to products or processes depending upon the subject matter of the invention. To know more about utility patents read “What is a Patent?” written by Adv. Sutapa Jana, Consulting Counsel, Acura IP. To keep things simple, at least in India, whenever…

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