A registered community design, often referred to as an “RCD,” is the European equivalent to a U.S. design patent. Similar to a U.S. design patent, an RCD only protects the ornamental or outward appearance of a structural element or product.
In the United States, a design patent can be a powerful tool to use against a competitor that directly copies the ornamental appearance, such as the shape, of a particular product. A U.S. design patent is typically less expensive to obtain and grants more quickly than a U.S. utility patent, which protects various aspects of an invention, such as its function, structure and method of use. While a U.S. design patent has a shorter life of 14 years, it also permits one to secure profits by an infringer. In addition, U.S. design patents often require less complex and, therefore, less expensive litigation to enforce in a court of law.
