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In the rest of the world, it is simply referred as a Registered Design and it is registered either after performing an official novelty search (as e.g. in Japan , South Korea and Hungary ) or after the payment of the official fees and dealing with the formal requirements for registration (e.g. Community Design at OHIM , Germany , France , Spain ) or after registration at WIPO and examination by the designated member states International Design in accordance with the Geneva Act of the Hague Agreement . PROTECTIONS Design patents provide a broader protection than Copyright , as similar (non-identical) designs are considered to infringe upon a patented design. Unlike a Utility Patent , the protected features do not have to be a functional part of the item. For example, assume that the idea of a Cigarette Lighter shaped like a Handgun were something new to the world. The creative designer who came up with this concept could rely on copyright to protect the design, which would restrain competitors from making handgun-shaped lighters that are very similar in appearance; however, a very differently-shaped handgun lighter could still be made without infringing on the designer's work. A design patent would restrain competitors from making any handgun-shaped lighters at all. PROSECUTION The prosecution of a design patent encompasses all of the tasks necessary for granting a design patent. In the United States you must be the inventor, a registered patent agent or patent attorney in order to prosecute and file design applications in the United States. A typical United States Design patent application will include a transmittal, a specification, drawings and a declaration. TERM The term i.e. the duration of a United States Design Patent is 14 years from the date the application is granted. PUBLICATION OF APPLICATION In China , Canada , Japan , South Africa and the United States a design patent application is not published and is kept secret until granted. In Brazil the applicant can request that the application be kept in secrecy for a period of 180 days from the filing date, this will also delay the prosecution and granting of the application for a 180 days. In Japan an applicant can request that a design be kept secret for a period of up 3 years after the registration has been granted. HISTORY In 1842 , George Bruce was awarded the first design patent for Font s. SEE ALSO
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