Novelty and Distinctiveness in Design
In order for a design to be eligible for legal protection, it must meet the criteria of novelty and distinctiveness.
What is Novelty? A design is considered novel if it has not been made available to the public anywhere in the world before:
✔ For a registered design, before the filing or priority date.
✔ For an unregistered design, before the date it was first made available to the public. Designs that are identical, with only minor differences, are considered "the same" and do not meet the novelty requirement.
What is Distinctiveness? A design is evaluated based on the general impression it leaves on an informed user.
✔ For a registered design, before the filing or priority date.
✔ For an unregistered design, before the date it was first made available to the public. If the design creates a different general impression from an existing design, it is considered distinctive.
When evaluating distinctiveness, the designer's freedom of choice in developing the design is taken into account.
Novelty and Distinctiveness of Combined Product Parts A part of a combined product is considered novel and distinctive only if it meets the following conditions:
✔ It must be visible during normal use of the product.
✔ The visible features must meet the novelty and distinctiveness criteria. (Normal use refers to the use by the end consumer, excluding maintenance, servicing, and repair tasks.)