An industrial design protects the visual appearance of a product including its shape, configuration, pattern, or ornamentation. It is concerned with how a product looks, rather than how it works. For businesses, this often forms a key part of brand identity, influencing how products are recognised and differentiated in the market.
To qualify for protection, an industrial design must be new at the time of filing. This means that the design must not have been disclosed to the public prior to the application. Any prior disclosure whether through product launches, marketing materials, exhibitions, or online platforms may affect the ability to obtain protection.
In Malaysia, industrial design applications are administered by MyIPO. The application process requires clear representations of the design showing the features for which protection is sought. Careful preparation at this stage is important to ensure that the scope of protection is properly defined.
Once registered, an industrial design is protected for an initial period of 5 years from the filing date and may be renewed for further consecutive periods of 5 years, up to a maximum duration of 25 years, subject to the payment of renewal fees. Timely renewal is essential to maintain protection, and failure to renew may result in the loss of rights.
At Huei Sze & Co, we assist our clients throughout the entire process—from assessing registrability and preparing applications, to managing renewals and maintaining their design portfolios. Our approach is to ensure that our clients’ designs are protected at the right time, in the right way, and in alignment with their broader business strategy.