Industrial design

Industrial design

Patent for an industrial design protects:

product appearance: shape, ornament, color combination, product material texture.

Who benefits from a patent for an industrial design:

artists, web designers, furniture designers, architects, sculptors, fashion designers and all those who create products with an original appearance.

Who is able to hold a patent for an industrial design (be the patent holder):

individual, legal entity or individual entrepreneur. The patent holder may be one or several at a time.

Conditions under which a patent can be obtained:

  • the product has to be new. The product should not be known earlier in the world. Novelty is lost if the author himself published the image of the product more than 12 months before filing a patent application;

  • product has to be original. That is, the features of its appearance are creative in nature and are not determined only by the function of the product.

Objects that cannot be protected by a patent for an industrial design:

mechanism of operation of the device, composition of the substance, methods of action.

The registration of a patent for an industrial design normally takes:

  • standard procedure - from 14 to 20.5 months;

  • expedited procedure - 2.5 months.

During the registration period the product might be used in different ways:

from the date of filing the patent application an applicant is free to publish any information about the product, sell it or advertise. Even if someone copies the design, after obtaining a patent it is possible to prohibit the use of it. If someone tries to obtain a patent for the same product, granting such patent shall be refused.

What you need to apply for a patent for an industrial design:

Name, IIAN and place of residence of the author;

TIN of the potential rightholder;

drawings, photos or renderings of the product.

Duration of a patent for an industrial design:

25 years in total. Every 5 years it is necessary to pay patent maintenance fee.

Any questions?
In case of questions, each Client can get a free consultation by phone/e-mail indicated on the website
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