novelty (designs)

Design novelty refers to the requirement that an industrial design must be new in order to be eligible for legal protection. A design is considered new if no identical design has been made available to the public before the filing or priority date.

Public disclosure may occur through publication, use, exhibition, or any other means by which the design becomes accessible to the public. Even disclosures by the designer can destroy novelty unless a grace period applies under the relevant legal system.

In many jurisdictions, novelty is assessed together with individual character, meaning that the overall impression of the design must differ from earlier designs known to the informed user. Minor or insignificant differences are usually not sufficient to establish novelty.

The concept of design novelty ensures that protection is granted only to genuinely new designs, promoting creativity and preventing monopolization of existing visual forms.