Patents
Patents, unlike copyright, require that for an idea to be patentable, it must be novel. That means it is something new that never existed before. Whether it is a new drug to cure cancer or a new tool that improves the way we do business or live our lives, it has to be something that has not existed before.
Patents are also concerned with the utility of these novel ideas. That means the invention must be useful to society. Engineers, scientists, and inventors are constantly looking for ways to make life easier for all of us. A patentable object can emerge from the smallest annoyance in daily living, and any person who has put in the time to develop that solution should at least enjoy the financial rewards for the time and effort put into developing, testing, and perfecting that solution.
We agree that these developments are for the benefit of mankind, but society says that inventors should be rewarded for the time and sacrifice that inventors put into making our lives better. These inventors who are hard at work, failing at and fine-tuning an idea, sometimes for years at a time, to make our lives better should be entitled to financial and legal gain when their product is finally developed and marketable. It is for this reason that patent laws exist, to allow exclusive enjoyment of the rewards from the protected product.
Design Rights
Design rights have to do with the overall visual appearance of a product that is not dictated by its function. While patents are generally concerned with the utility of the product, how the product is used and how it works, design rights (patents) are concerned with the look of the product. Design rights, like patents, grant exclusive rights in the control of a registered design. In Nigeria, a registrable design must be new and not contrary to public order or morality. In the US, a registrable design must be a novel (new) and non-obvious ornamental design, and must not be offensive. Examples of recognizable patent designs are Coca-cola’s original curvy bottle, Apple’s iPhone, and the classic Crocs clogs. Virgil Abloh’s paper clip jewelry line with Jacob and Co. also has a design patent. Design patents may last as long as 15 years. In Nigeria, the first grant is valid for five years and may be renewed for two further consecutive periods of five years.
Patent and design rights registration is a very technical area of intellectual property law and requires the services of a lawyer knowledgeable in the practice of patent and design law.
You can read more about intellectual property in the articles:
The Basics: What is Intellectual Property?
The Basics: What is Copyright?
The Basics: What is Trademark?
The Basics: How to Manage Your Intellectual Property
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