What is an industrial design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.
When should one file for registration?
As claims are based on a "first-to-file" rule basis, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will destroy the novelty of the design. So extreme care should be exercised to ensure secrecy of the design.
What is a registrable industrial design?
To be registrable, an industrial design must be new at the date an application for its registration is filed. A design is considered be new only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia or elsewhere before the filing date of the application and it is not on the record the Register of Designs.
What sort of designs is excluded from registration?
The designs of certain types of article are specifically excluded from design registration. An industrial design is not registrable if:
- The aesthetic appearance of an articles is not significant or the design features differs only in immaterial details;
- it is a method or principle of construction;
- the designs are contrary to public order or morality;
- the designs of the articles concern exclusively with how an article functions; and
- the designs of articles that are integral parts of other articles and whose features are dependent upon the appearance of other article.