Industrial Design
Design Prosecution and Litigation:
Industrial design is an essential aspect of protecting the ornamental or aesthetic features of a useful article. By registering an industrial design, the owner can exercise exclusive rights to prevent others from reproducing, importing, selling, offering for sale, or distributing the protected design.
Filing the Application
Design Application can be filed under Individual Name and or Company Name.
A single application could be filed for 1 to 20 designs as long as they are in the same class.
The required document for Design application:
- A power of attorney duly notarized and legalized;
- If the applicant is a company, a duly legalized extract from the Commercial Register or the Memorandum of Association must be presented;
- Two copies of the model or design, if it is two-dimensional, or two copies of each view thereof, if it is three-dimensional.
- A duly legalized deed of assignment signed by the inventor, in case the applicant is not the inventor;
- A certified copy of the application that shows the filing date, number and country in case of claiming priority;
Examination of the application
The ICPR examines the Design application in accordance with the law as to formal and substantive examination.
Upon acceptance, the application will be published in the Official Gazette. There is 60 days period for any interested party’s opposition. In absence of any opposition, the certificate of registration is issued.
After the Design application is approved, the Design will be granted and published in the Industrial Property Publication.
Any interested third party can oppose the publication of the design application within 60 days from the date of publication.
The Design protection period is 20 years from the official filing date, and cannot be extended beyond this period.
Maintenance fees (Annuities)
Maintenance fees are due annually on the anniversary of the filing date throughout the 20-year protection period.
Request for payment of the annuities should be made within three months before the due date or within three months from the due date without any surcharge, an extension for further three months is possible upon payment of a surcharge