Industrial design patent

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Alexander Dubok
Alexander Dubok
Head.
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Anatoly Dubok
Anatoly Dubok
Technical Director.
Daniel Fadeev
Daniel Fadeev
Patentee.
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Dmitry Naplekov
Dmitry Naplekov
Patent Attorney No. 2086.
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An industrial design occupies a special place in the list of objects of industrial property. Unlike inventions or utility models, it does not represent a technical solution, method or method of production. The design is a solution to the external image of the product, and is not related to its technical functions and properties. In this material, we will examine the rules for the registration of industrial design rights and what you need to consider when preparing an application.

Rules for making an application

A patent application is the result of intellectual activity which results in a new and original solution to the appearance of a product. It is the presence of novelty and originality in the essential features of the design that will be the basis for registration and granting legal protection. Let us highlight the key differences between a design and other objects of industrial property:

  • content of patentability criteria - for a design it is not necessary to prove applicability in industry or inventive step, and the examination will check the novelty and originality of essential features;
  • different composition of the application for a patent - instead of the claims of the invention or utility model, the application should include a set of images of the external appearance of the product;
  • essential difference is provided for term of validity of the patent - for a design it will be valid only for 5 years, however the law allows prolongation of the patent.

It is possible to patent an industrial design at the national or international level. The rules of registration in Russia are regulated by the Civil Code of the Russian Federation. At the international level the rules of the Paris Convention, the Patent Cooperation Treaty (PCT), as well as the rules of other patenting systems apply. For example, you can get a regional Eurasian patent, which will be valid in the territory of 8 states of the EPC (Eurasian Patent Convention).

To register the rights on a design, you should perform the following actions:

  • fill out and submit an application to the authorized patent service - in Russia such office is FIPS (Federal Institute of Industrial Property);
  • Information on the received application is published in the Bulletin of Rospatent, and the applicant receives national or conventional priority;
  • formal examination, i.e. check of completeness of the submitted documents, correctness of the forms and their filling in is carried out;
  • of key importance is the substantive examination, which includes information search through the registers, confirmation of the patentability criteria;
  • after a positive examination, the decision on registration is made - information about the patentee will be included in the register, and the applicant will receive a patent.

Since the industrial design has aesthetic characteristics, the registers for trademarks are also used during the examination on the merits. For example, a patent will be denied if a trademark certificate has already been issued for similar graphic representations.

Patenting is conducted on an application submitted by the developer. When applying to FIPS, all documents must be submitted in Russian and in proper quality, which allows copying with the use of standard technical means. Inadequate quality of the documents is the basis for the request and then for the refusal of registration.

Even before applying to FIPS, it is advisable to conduct a preliminary patent search. In the course of this examination it is possible to determine in advance whether a patent for a similar development has not been previously obtained. The best option is to conduct a preliminary search through a patent office or attorneys, who will provide you with an objective and reliable report. Our company will ensure that the preliminary search is conducted in the shortest possible time, which will eliminate any risk of patent rejection.

The contents of the application for registration of an industrial design will include the following forms:

  • a statement, indicating the personal or registration information of the developer, company, or their representative;
  • a set of images of the appearance of the product;
  • description of the solution presented - it is necessary to confirm the novelty and originality, as well as the aesthetic qualities of the design;
  • additional materials and an abstract.

It is possible to submit the application directly to FIPS. by mail or through the official website of the office. When sending documents in electronic form will be given a discount on payment of state fees - the total cost of patenting will be reduced by 30%.

It is possible to obtain a patent after passing all the mandatory activities and examinations. The exclusive rights will arise for 5 years, after which the patentee will be able to apply to FIPS for the patent extension. However, the maximum possible term of legal protection should not exceed 25 years.

Infringement of exclusive rights to an industrial design

After obtaining a patent, any use of the design without the consent of the right holder would be an infringement of the law. Such consent can be expressed in contracts of assignment or license agreements:

Protection of the rights of the patentee is carried out by the methods specified in the law. If an infringement by third parties is detected, the right holder may submit a written claim. The subject matter of such a claim may be a prohibition on unlawful use of the design, or elimination of such threat, reimbursement of losses or payment of remuneration.

If the written claim does not result in the elimination of the infringement, judicial remedies can be used:

If the violations are of a significant nature, the patentee can file an application to the law enforcement authorities to bring the perpetrators to administrative or criminal liability. For example, punishment under the Criminal Code of the Russian Federation will follow, if the damage caused is large or especially large - not less than 100 thousand rubles or 1 million rubles, respectively. Similarly, protection measures can be used at the international level.

If you need to patent your industrial design, you might benefit from our services. We can help you write an application correctly, do a preliminary patent search, and provide follow-up at all stages of patenting. To learn more about the terms of cooperation with our company, call us at the phone numbers listed on the website or leave your questions in the feedback form.

Fees for the registration of a design and the granting of a patent

ПошлинаCost (rubles)Electronic filing (-30% discount)
For conducting a formal examination 1700 (extra 700 rubles must be paid for each specimen over 1) 1190
For conducting a substantive examination 3000 (for each specimen in excess of one, an additional fee of 2,500 rubles is required) 2100
For registering 3000 2100
For the issuance of a patent 1500 1050
Total 9200 6440

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