Industrial designs international patenting
An industrial design is an example of a design or appearance. It can be the shape of an object, packaging, or wrapper. Intellectual property rights to industrial designs can and should be protected in order to exclude unauthorized production. At the international level, this can be done according to the Hague system. With its help, the registration process is simplified as much as possible.
92 countries, including Ukraine, are participating in the international procedure. The system provides tangible benefits when registering an industrial design:
- One application can be issued and receive exclusive rights to an object in all countries at once.
- The international procedure replaces several national ones. It is simpler, the applicant faces less red tape and bureaucracy.
- One application can include up to 100 variants of promotional samples, united by a technical solution.
- The procedure provides a simplified opportunity to dispose of the rights to an industrial design.
- The owner of the certificate can fully defend his rights. That is, to fight with competitors, to resist the release of counterfeit products, to receive royalties for the use of the facility by other manufacturers, to rely on protection at customs borders.
The Hague Agreement, supplemented by several acts, has operated since 1928 in parallel with national procedures. SION patent law firm is engaged in the design of industrial designs according to the international system. At one time, we became the first company in Ukraine that received two Hague certificates and entered them into the customs register. We help to maintain and protect intellectual property rights, receive royalties.
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The procedure for the international registration of a patent for an industrial design
To protect design rights, an application is filed with the World Intellectual Property Organization (WIPO), usually online. The object must meet the criteria of novelty and originality, that is, it must not be known in the world before registration. Requirements as strict as patents are not required. That is, industrial designs are design objects.
The applicant will need the following documents:
- information about the authors;
- information about the applicant;
- photo of the object;
- a description of its appearance.
The result of the procedure is the receipt of a title of protection – a certificate. In terms of legal force in each jurisdiction, it is equal to the national certificate. The rights to unregistered industrial designs are not protected by law. The process usually takes 6 months.
Our experts conduct a preliminary search among analogs. This is important for proving the originality and novelty of the object. Then they will prepare a package of documents for registration according to the Hague system, submit them to the responsible authority, and answer the latter’s questions (if necessary). We are successfully engaged in the registration of industrial samples, we are ready to help you register and protect your rights.
Period of validity of an international patent for an industrial design
Exclusive property rights after registration of an industrial design in accordance with the Hague Agreement have a limited duration. It differs from country to country, but is usually a multiple of 5 years. After the end of each 5-year period, the certificate must be renewed by submitting an application and paying the corresponding fee.
The maximum duration of exclusive rights is 25 years. It is necessary to keep track of the dates of re-registration so as not to lose exclusive rights. If a company has a lot of intellectual property, such a task can turn into a problem.
The specialists of our firm help you not to miss the terms of re-registration. We take care of the actualization of the certificate. We support it as long as the copyright holder needs it and as long as the law allows.
The price of a patent for an industrial design
The cost of registration implies two components: the fees of our attorneys and the official registration fees. The fee will be from 450 EUR.
Fees for registration under the Hague system
|Actions||Official fees, CHF (швейцарских франков)|
|Filing an application||397 – for 1 option;|
+19 – for each industrial design
|Publication of data on the issuance of a certificate||17 – for each option|
|Territorial expansion||from 42 for each contracting country|
Before starting work, we will make a detailed calculation with the calculation of amounts for preliminary search, preparation and submission of documents, and other services. And we will provide it to the client for approval.
To calculate the cost of registration of an industrial design under the Hague Agreement, please fill out the feedback form and we will contact you or write to us by mail: firstname.lastname@example.org.