Full range of services for registration and protection of rights to industrial designs
What is an industrial design?
An industrial design — the result of a person’s creative activity in the field of artistic design, is characterized by any new form, configuration, color or combination of these elements in the product, creates an aesthetic impression.
In other words, this is the design of your product. Therefore, an industrial design can be anything: from the texture of the fabric and the image on clothes or board children’s games, packaging for ordinary everyday things to the appearance of interior items such as a sofa or chandelier, or the appearance of agricultural machines.
That is, an industrial design is any visually new representation of the appearance of products on the market.
If your product is not an object of architecture, industrial, hydraulic and stationary construction; or an unstable object made of liquid or gaseous substances, then it is necessary to obtain a patent for an industrial design.
What is the procedure for obtaining a patent for an industrial design?
Firstly, to start the registration procedure you need a picture of an industrial design (sketches, drawings) and a brief description of the product. Such information will determine the probability of obtaining a patent, possible risks, as well as calculate the cost of the procedure.
Further, according to the standard procedure, obtaining a patent for an industrial design occurs after 7-9 months of examination of the Office. However, it is possible to expedite the receipt of a patent and reduce the period to 2-3 months.
The patent is valid for 25 years and must be renewed annually, subject to payment of the corresponding fee.
The process of international registration of industrial designs (according to the Hague procedure)
What is the Hague system?
The Hague system is inherently similar to the Madrid system, and is very convenient when you need to protect your industrial design in several countries or international organizations participating in the agreement, and the registration procedure is carried out only once and there is no need to go through such a procedure over and over when entering the market a new country, and this saves time and nerves, and funds for business.
It is worth noting that the registration procedure for the Hague System is appropriate to consider as an alternative to registering a national patent for an industrial design, indicating in the application Ukraine as the country to which such a patent applies.
However, one of the drawbacks of the system is the list of requirements of each country for industrial designs, and therefore the registration process may be complicated with an increase in the list of countries in which it is planned to use such a patent.
The registration process for industrial designs under the Hague Agreement is similar to the registration process in Ukraine.
First, an application is filed with the International Bureau of WIPO, and then an application is examined and an industrial design is examined to grant a patent to it by the national patent offices of the countries to which the patent will apply.
The validity of a patent for an industrial design under such a system is at least 5 years, and depends on the legislation of individual countries. The validity period can be renewed every five years by paying a renewal fee. It is appropriate to note that in case of missing a five-year period, the owner is given a six-month grace period when there is still the opportunity to extend the validity of the patent.
For our consultation on registering a patent for an industrial design under the Hague system, we need a picture (sketches, drawings) of your product and its brief description, as well as a list of countries in which such a patent is planned to be used.