Product Design

Explained: Patents and Product Design

  • Posted by Dienamics
  • August 29, 2022

If you’re a designer, you may be wondering how to protect your product design. Getting a patent can be a good way to protect the intellectual property of your designs and your unique ideas.  

What is a patent? 

According to IP Australia, a patent is a right that is granted for any device, substance, method or process that is new, inventive and useful.

A patent is a legally enforceable right to commercially exploit the invention for the life of the patent. 

The type of patent you hold will determine how long your protection lasts. For example:

  • A standard patent lasts for up to 20 years
  • An innovation patent lasts for up to 8 years
  • Pharmaceutical patents can last for up to 25 years

To get a patent for your product, you must apply through IP Australia. Your product must:

  • Be new and different
  • Involve an inventive step
  • Be able to be made or used in an industry

An inventive step means that the invention is not an obvious thing to do for someone with knowledge and experience in the technological field of the invention.

Your invention must differ in some way from existing technology. This difference must be something more than the simple application of published information or standard background knowledge.

Why should I get a patent?

Getting a patent for your product can bring you many benefits. With a patent, you can:

  • Stop others from manufacturing, using and selling your product in Australia without your permission
  • Take legal action against people who are using your product without your permission
  • Licence someone else to manufacture your product on agreed terms
  • Contribute new and innovative ideas to your field
  • Encourage new designers in their journey

Is a patent the best option for me?

Applying for and maintaining a patent can take a lot of time, effort and money. It can be a big process, so it’s worth thinking about whether it’s the right option for protecting your product. 

A patent may be the right choice if:

  • The commercial value of your product outweighs the cost of getting a patent
  • You want to reduce the risk of intellectual property theft
  • You own the invention and have kept it secret

If you decide not to patent your product, you can just keep it as a trade secret. However, you will have no protection against people stealing or copying your ideas. It also leaves the risk that someone else will develop the same invention independently. 

Need advice on your product design?

At Dienamics, we have over 30 years of experience in industrial design, tool making and manufacturing in Brisbane. We offer specialised product design services to help you take your concept from an idea to a reality.

If you need help designing your product, then give us a call. Talk to our expert team today.