What is an Industrial Design?
J. Rafael Amador Espinosa
Industrial Design refers to inventions on the aesthetic aspects incorporated into a product, expressly excluding the technical aspect of the invention or its function. An invention is any human creation that allows the transformation of matter or energy existing in nature for the usage and satisfaction of specific needs.
In accordance with Mexican regulations, Industrial Design includes both Industrial Drawings and Industrial Models. The Industrial Drawings are any combination of figures, lines or colours incorporated into an industrial product solely for the purpose of ornamentation and which give it a peculiar and unique appearance. Industrial Designs are considered to be made up of a three-dimensional shape that serves as a pattern for the manufacture of an industrial product and that also gives it a special appearance insofar as it does not involve technical aspects of the product.
For the protection granted by the Industrial Property Law, it is required that every Industrial Design meets the requirement of being a new creation and of being susceptible of industrial application. In order to be considered as “new creation” it is necessary that it meets the requirements of independent creation and differs significantly from designs or combinations of characteristics from previous known designs.
The independent creation is understood as the originality of the Industrial Design, that is, it must not be identical to another that has been made public prior to the one applied for. Those designs that differ only in insignificant details are considered identical.
The significant degree is the general impression that the design produces on an expert and that, to be considered as such, must differ from the general impression produced by any other industrial design that has been made public prior to the one applied for.
Industrial designs are valid in Mexico for five years and can be renewed for similar periods up to twenty-five years. This protection is granted through registration titles issued by the Mexican Office of Industrial Property (IMPI).
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