3.1 Concept and Elements of Industrial Design

The industrial design = the product's appearance protected — the ornamentation's right (the shape, pattern, colour-and-line composition that appeals to the eye — the "eye-appeal" test of the classic lore): the article's two-or-three-dimensional look, applied by an industrial process. The design protects how it looks, not how it works (the patent's territory) and not what it says (the mark's). The elements' three: (1) novelty/originality — the new-and-independently-created look (the absolute-vs-relative novelty standards' spectrum); (2) industrial applicability — the repeated-production capability (the craft-prototype vs the industry's line); (3) visibility and appeal — the article's external look (the hidden internal parts and the purely functional features fail the test).