Generative design and the protection of products

Generative design is an iterative design exploration process that uses AI software to generate a range of design solutions that satisfy a set of constraints. Unlike traditional design, which typically starts with a model based on an engineer’s knowledge, generative design begins with design parameters, or rather, the initial identification of rules and parameters that define the characteristics and properties of the design.

These include shape, structure, color, texture, and so on, and subsequently, it uses shape-generating AI software to automatically create a series of design variations that adhere to those rules and parameters. Therefore, generative design is a technique based on the use of algorithms that allow for the generation of complex and organic shapes and models, resulting in unique and distinct forms that are difficult to achieve using traditional design methods. Compared to such methods, the fundamental change lies in the fact that the parties no longer have to create their own products by themselves. Generative design can be seen as a form of “collaboration” between the designer and the software, where the designer defines the design rules and parameters and the software automatically generates a series of design solutions based on those parameters.

Among the advantages of generative design are: i) the opportunity to perform simultaneous exploration, validation and comparison of hundreds or thousands of design options; ii) the reduction of research and development times for new products and, consequently, the acquisition of a significant competitive advantage in accelerating product market launches; iii) the opportunity to build and consolidate complex structures, such as organic details and internal lattice structures, to leverage the maximum design freedom allowed by additive manufacturing technologies. A single complex geometry created by a generative algorithm and 3D printed can replace assemblies composed of dozens of separate parts.

Another crucial aspect to consider is the versatility of generative design. The algorithms employed in generative design can be effectively applied across various industrial sectors, enabling customization of shapes and models according to specific project requirements. While generative design initially gained traction in industries like aerospace and aviation due to their heightened technological performance needs, it has gradually expanded to disciplines such as architecture, product design, lighting design, automotive, packaging, fashion design (jewelry, accessories, footwear) and more. Sectors in which the potential for fractal, cellular, randomizing formalization inherent to generative design appears congenial to the main lines of aesthetic research and necessary to explore a wide range of innovative design solutions that would otherwise be difficult or impossible to obtain.

Finally, worth mentioning is the combination of generative design and additive manufacturing (AM), namely 3D printing, a production technology that enables the creation of three-dimensional objects by sequentially adding materials layer by layer, instead of subtracting material from a solid block as in conventional manufacturing processes. In brief, it is a process that starts with the creation of a virtual 3D model of the product, which is then divided into thin sections called “slices.” These slices are then used to generate a printing program that guides the machine in the physical creation of the object. All of this with a significant freedom of choice in the materials that can be used, including plastic, metal, ceramic, and even biological materials. Generative design and 3D printing are renewing and revolutionizing the manufacturing industry and product design. In fact, by combining these two technologies, it becomes possible to optimize both performance and production, resulting in more efficient, lighter, stronger and higher-quality products.

 

Forms of protection for generative design: Registration as a design or model

Registration as a design or model is one of the useful tools for protection, as long as specific requirements are met. It allows for the protection of the entire appearance of a product or part of it. This includes the characteristics of lines, contours, colors, shape, surface structure, materials of the product itself, or its ornamentation. Therefore, it is one of the legal protection institutions that can be used to safeguard the external appearance of a product from unlawful imitation, which goes beyond mere similarity and does not require specific aesthetic appeal. It’s worth noting that a design has a two-dimensional character and can pertain to the lines and colors of a product or a two-dimensional graphical pattern. On the other hand, a model has a three-dimensional character and pertains to the shape of a product.

The field of activity is not relevant for the purpose of protection. The tool of designs and models can be used for any product, provided that the requirements, which we will now see, are met and verified by entities such as the EU Intellectual Property Office (EUIPO). The EUIPO is responsible for the registration of intellectual property rights within the territory of the EU and for verifying the specific conditions for accessing protection.

 

When is it possible to protect the appearance of a product through registration as a design or model?

As previously mentioned, to obtain protection as a design or model, certain requirements must be met: novelty and individual character.

A design or model is considered new if it has not been made available to the public before the date of filing of the application for registration, except in cases of nondestructive pre-disclosure. This includes, for example, the case of disclosure made by the same author within the 12 months preceding the registration date. Moving forward, a design or model has individual character if the overall impression it produces on an informed user differs from the overall impression produced on such user by any design or model that has been made available to the public before the date of filing of the application for registration. The informed user will perceive differences that may overlook the average consumer.

The protection granted by registration has a duration of five years, which can be renewed for additional five-year periods, up to a maximum of twenty-five years.

 

Examples of generative design that could potentially be protected through registration as a design or model

• “Generative Vase”: it is an example of generative design applied to the furniture sector. It was created by a design and technology studio based in Barcelona, Spain, which focuses on designing objects and environments generated algorithmically. It is a product created through the use of computer algorithms that have generated organic and intricate shapes, which were then transformed into a physical object through 3D printing. The shape of the vase was generated using a series of predefined rules and parameters, resulting in an organic and fluid form composed of interconnected cells.
  
  
• “Generative Shoes“: they represent an example of applying generative design to the footwear industry. They originate from an algorithm created by the designer himself, who is an American designer and engineer dedicated to experimenting with new design and production techniques using generative design software and 3D printing. Specifically, a machine learning algorithm was used to analyze data on the user’s foot dimensions and shape. The new collection of 3D-printed shoes and accessories, inspired by speculation on consumerism, emerges from a collaboration with a company specializing in 3D printers and graphics software. More specifically, the collection consists of many unique pieces with a 3D-printed, gold-plated heel. The shoes were produced using the aforementioned printing technique, starting from nylon powder, which was fused and layered to create a final shoe form that perfectly adapts to the foot. Celebrities such as Dita Von Teese and Katy Perry have appreciated the design by wearing these iconic shoes.
  
  
• “Generative Scarves“: they originate from the idea of an English designer and scientist and are an example of the application of generative design in the fashion industry. More specifically, they were generated through software that uses data collected from the human body. The designer created a collection of generative scarves that change color in response to variations in the human body, such as temperature and perspiration.

Those mentioned are just a few examples of generative designs. What is of significance is that, when the mentioned requirements for registration are met, the appearance of such products may be protected through registration as a design or model. The output of investments related to these technologies and the production of such products could therefore receive protection.

 

The issues related to the protection of generative design through registration as a design or model

In conclusion, it’s essential to mention the pertinent issues associated with the protection of generative design through registration as a design or model that may arise.

One of the notable issues is linked to the requirements for obtaining protection. Due to the algorithmic nature of generative design, there is a possibility for the generated outcomes to be similar or identical to those produced by other algorithms. This situation may impede the demonstration of the design’s novelty and individual character, affecting its eligibility for registration.

Lastly, the graphical representation is another critical aspect to take into account. Registering generative design requires the presentation of suitable 2D or 3D images or drawings that represent the appearance of the product to be protected. This might not fully capture the complexity and organic nature of the design and its features, which can be highly intricate.