Design registration (formerly known in Israel as a “model”) and utility model registration are legal rights in intellectual property. Design registration and utility model (UTILITY MODEL) registration make it possible to protect the intellectual property of the inventor, the entrepreneur or the company, in addition to patent protection or as an alternative to it. It is usually easier to obtain a registered design and a utility model than a registered patent, but the type and scope of protection are different.
Design Registration – Registered Designs
In the past, designs were registered in Israel under the Patents and Designs Ordinance, but today a new design cannot be filed under the Ordinance. Instead, a design can be filed under the Designs Law, 5777-2017. Anyone who already has a registered design under the old Ordinance holds a right that is valid until the end of its term, as long as they continue to pay renewal fees under the Ordinance.
A registered design is a right applied for at the Israel Patent Office, in the Designs Department. The type of protection and examination differs from the protection and examination of a registered patent.
A design is protection for a specific design. For example, an inventor has an electronic or mechanical invention and can protect the function by means of a patent, if it is suitable for the procedure, and in addition protect the external design of the product, such as the housing, the new shape or the packaging.
There are cases in which it is not possible to protect an invention with a patent, and then it is worth considering protecting the design. In most cases it is easier to obtain a design, but it is also easier to circumvent it. Where possible, it is worth considering combined protection by means of a patent and a design.
A design has an advantage when another party copies the new design identically or very closely, because it is relatively easy to show the similarity to the registered design in an infringement claim.
Design Registration Around the World, Outside of Israel
Filing design registration applications outside of Israel (abroad) is efficient and costs much less than filing patents. It is an efficient and good means of protecting a design at relatively low costs, but it is not always sufficient, mainly when the matter concerns technology rather than design, in which case a patent should be filed.
The Difference Between the Old and New Design Regimes in Israel in a Nutshell
The term of protection, which in the past was 15 years, is today 25 years for designs; a limited grace period has been added in the Designs Law; and compensation without proof of damage: the new law allows statutory compensation of up to NIS 100,000 to be awarded for each infringement. The terminology in the Designs Law also differs from that of the Designs Ordinance.
Utility Model Registration (UTILITY MODEL)
A utility model makes it possible to protect an invention similarly to a patent, but in some countries the requirements are lower. The requirement of inventive step, which exists for a patent, does not exist in the same form in many countries for a utility model, and sometimes the emphasis is on novelty.
In some countries there is only a procedural examination of the documents and no full substantive examination. Only in the event of a dispute or infringement are novelty and additional conditions examined. Another advantage is the relatively short time to obtain protection.
The term of protection of a utility model is usually shorter than that of a patent: approximately 6 to 12 years, and in many countries about 10 years, compared to twenty years for a patent.