An industrial design is the three-dimensional or planar external appearance of a product, including the external appearance of all kinds of products that are visible to the consumer (i.e., not components or spare parts). This refers to the set of features of the appearance of a product, which, individually or in combination, are made up of form, configuration, ornamentation, colour scheme, facture and material. The external appearance of a product may be registered as an industrial design. A flat external design, such as a fabric pattern, a website design, a logo, etc. can also be protected.
When should an industrial design be protected?
Ideally, protection of the industrial design should take place during the first phase of the business plan. There are different options for protection and it is certainly worth analysing all the options before filing.
Why should a design be protected?
Protecting an industrial design gives the owner of the design security for the investment, on the one hand, and the right and possibility to prohibit competitors from registering and using the same or a similar design, on the other.
How can an industrial design be protected?
The protection of an industrial design is the registration of the design at the relevant office of the relevant jurisdiction. In which office, again, depends on the specific business interests and plans for its use.
What should be considered when registering a design?
There are a number of important aspects to consider when registering an industrial design. Such as the number of variants of the solution, the relationship with the author, the classification of the design, etc. Our experienced specialists will provide more insight.
How much does it cost to register a design?
The cost of registering an industrial design depends on the number of variants and where the design is to be protected, as well as any individual costs. Our specialists will provide a more precise estimate of the costs once all the relevant circumstances have been established.
Is there anything else I need to do after registering my design?
Yes. Registering an industrial design is only the first step. Design protection lasts for a limited period of time, and in order for the rights to be maintained, the design registration must be renewed. If the details of the right holder change, corresponding changes must be made in the registers. Our specialists will monitor the relevant deadlines and will assist you in dealing with the registers and making the necessary entries.
What should be done, if it is revealed that someone is using a design or a very similar implementation without authorization?
In such a situation, you should contact our specialists as soon as possible. This may be an infringement of rights which requires that appropriate measures be promptly taken.
Can a design be sold or pledged?
An industrial design is an asset that can be transferred, assigned, pledged and licensed in the same way as any tangible asset. We will be happy to provide assistance in drawing up the necessary contracts and making the necessary recordings.
Why should the services of a patent attorney be used?
A patent attorney is indispensable in the protection and enforcement of industrial designs. This applies to registration, administration of registrations, exercise of rights (also, for example, before various offices and industrial property dispute resolution bodies), etc. The patent attorney ensures that the documents are drawn up in accordance with the applicable requirements and assists in any design-related procedures. Our specialists are always ready to help and answer any design-related questions that may arise in the course of day-to-day business.