Industrial design registration
An industrial design is the result of creative activity in the field of artistic and technical design. It is also called industrial design. You can register and protect the appearance of a product in order to obtain exclusive rights to its commercial use. This can be the shape of a bottle or bicycle handlebar, a sketch of a label or candy wrapper, other things and shapes.
Legal protection of industrial designs registered operates exclusively on the territory of specific country. You can arrange it in one of the following ways:
- Based on national registration and certification.
- According to the international (Hague) procedure with the indication of specific countries.
- Without state registration, if the design object will be brought to the attention of the public in the manner prescribed by the Law “On the Protection of Industrial Designs”.
Registration of an industrial design implies entering the image of industrial designs into the state legalize, which determines the scope of rights. Some country is a member of the Hague System, therefore, the national registration can be extended to other jurisdictions. SION’s specialists take on the task of preparing industrial design in the country you need. We have good practical experience in this area.
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Essential features of an industrial design
The object must have a special design concept, aesthetic or ergonomic characteristics. It can be protected by both copyright and industrial law. There are two eligibility criteria that it must meet: novelty and individuality (originality). A design certificate can protect the following characteristics:
- the appearance of the product or its specific part;
- packaging, label, bottle shape;
- drawing, coloring or combination of colors;
- models of clothes, shoes;
- furniture, other items.
According to legislation of most countries, it will not be possible to register ideas, liquid or gaseous forms, installations made of bulk substances, architectural solutions of buildings. To determine exactly whether your object falls under protection, we recommend that you consult with our patent attorneys.
Industrial design registration process
The procedure for state registration of title to the appearance of an object is carried out by the patent office. An application is submitted there. The result of registration is the issuance of a certificate.
Before contacting to patent office, we recommend that you conduct a search research on already legalized industrial designs. This will help to ensure the uniqueness, understand the market situation and determine how high the likelihood of abandoning is. If the design is not new and something similar has already been registered, then there is no point in starting the design and investing money.
Further, the following algorithm for obtaining a certificate operates:
- Image preparation. It is it that will show the appearance, color design, the presence of a pattern and other distinctive features.
- Submission of an application with all attachments (drawings, photos, descriptions). This is the beginning of the active phase.
- Expertise – the compliance of the object with the criteria of novelty and originality is checked.
- A decision is made to issue a certificate, payment of the corresponding state fee.
- Issuance of a document.
Usually the procedure takes 7-9 months, an accelerated one – 2-2.5 months. Our attorneys will take on the routine tasks of registering protection rights. They will prepare documents, conduct a preliminary search, and answer inquiries from experts from patent office.
Duration of a patent for an industrial design
The duration of legal protection depends on whether the industrial design was legalized or not. Even if the registration was not carried out, but was published or made public, the author can count on protection. A certificate (patent) for an industrial design is valid for the following periods:
- Registration according to the national procedure – 5 years from the date of contacting the NIPA. After that, you can make an extension for one or more 5-year periods, but not more than 25 years.
- International procedure – the terms are the same.
- Registration was not carried out, but it was made public – 3 years from the date of publication. There is no renewal option.
The issuance of a certificate implies the payment of standard state fees. In addition, a fee is due to the attorney of the SION. We recommend using our services to save yourself from the possibility of errors in the documentation (which are fraught with additional financial expenses), lengthy correspondence with patent office. We minimize the possibility of refusal, if necessary, we will submit a request to expedite the process.
Before starting cooperation, we will carry out a calculation of works according to the price list, we will provide a detailed calculation. We also give a list of documents from the applicant.
To start working on the registration of the legal right to an industrial design, please mail by us: firstname.lastname@example.org.
An object of a unique (not previously used) shape or design. It can be a thing, decal, wrapper, box, etc.
After the final appearance of the object has been agreed upon, contact SION. We will prepare the documents, submit them to Ukrpatent and receive a registration certificate for the client.