Registration of industrial designs
Before filing an application with the Patent Office, it is advisable to conduct an information search to assess the prospects of the patenting process. It should be considered that a patent is granted only for solutions possessing worldwide novelty, originality, and industrial applicability.
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OUR SPECIALISTS PROVIDE SERVICES RELATED TO THE REGISTRATION OF INDUSTRIAL DESIGNS AND THE PROTECTION OF INDUSTRIAL DESIGN RIGHTS, TAKING INTO ACCOUNT CURRENT ENFORCEMENT PRACTICE AND MODERN LEGISLATION, THE NORMS OF WHICH HAVE UNDERGONE SIGNIFICANT CHANGES RECENTLY.
How can the stages of industrial design patenting be briefly defined?
Stages 1-3
1. Photographing or computer rendering of the appearance of the sample from necessary angles.
2. Preparation of application materials, including the application form and description. It should be emphasized that the description does not determine the scope of legal protection; however, in certain cases, it facilitates understanding of what should be attributed to the essential features of the industrial design.
3. Filing the application materials with the Federal Service for Intellectual Property (Rospatent);
Stages 4-5
4. Examination of the claimed industrial design by Rospatent to establish its compliance with patentability requirements;
5. Grant of the patent.
What objects can be registered as industrial designs?
Artistic and design solutions of an article of industrial or handicraft production that determine its appearance, i.e., product design, are registered as industrial designs.
Industrial designs can be three-dimensional or two-dimensional, for example, packaging, labels, emblems, typefaces, as well as composite articles, standalone components for assembly into a composite article, etc.
What determines the legal protection of an industrial design?
THE PRIMARY DOCUMENT DEFINING THE SCOPE OF LEGAL PROTECTION IS THE IMAGE OF THE ARTICLE'S APPEARANCE
As the image contains all information about the claimed industrial design.
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IMAGES MUST BE CLEAR, DISTINCT, AND PROVIDE A COMPLETE, DETAILED REPRESENTATION OF THE ARTICLE'S APPEARANCE.
Individual elements of the industrial design should be clearly visible in the images, not only on illuminated sides but also on shadowed sides.
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IMAGES SHOULD BE PRESENTED IN ACCORDANCE WITH THE NAME OF THE INDUSTRIAL DESIGN AND ITS INTENDED PURPOSE.
For example, when patenting packaging, images of the actual packaging should be presented, not a typographic flat layout.
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What is the term of the exclusive right to an industrial design?
Legal protection for an industrial design lasts for five years.
The term can be renewed multiple times for five-year periods, but overall not exceeding twenty-five years from the filing date of the patent application.