
Registered designs or design patents are a
way of protecting the appearance of a product. In Australia
the registered design can be used to protect the shape, pattern
or configuration of a product. But in the end, the reach of
the design registration is limited by how a product looks. This
can be a powerful tool and registered designs usually cost less
than patents. They can be very effective where demand for your
product is driven by appearance or where your product's appearance
is new and your competitors are likely to copy that "look".
In the United States, design patents are limited
to protecting the ornamental features of a product. If your
product's look is determined by functional rather than ornamental
considerations, you are better off seeking a regular utility
patent rather than a design patent.
Registered designs are often used to protect
furniture, clothing, architectural mouldings and extrusions,
novelty items, "designer" goods, household appliances or other
"fashion" items which rely on innovative appearance in their
market.