INDUSTRIAL DESIGNS FAQs

  • loading Loading

        • CZAreKFWcAAofIp
        • ARS-Patent has been listed in the 2016 World Trademark Review 1000 among the leading trademark firms in Russia.
        • World Trademark Review 1000
        • Read more
        • award2
        • ARS-Patent’s attorneys Elena Solovyova and Vladimir Rybakov are referenced as recommended lawyers in The Legal 500: Europe, Middle East & Africa 2012′s editorial.
        • The Legal 500
        • Chambers Logo
        • ARS-Patent & Trademarks has become renowned across Russia and is now considered one of the top IP firms in the country. It covers a wealth of services, including Patent filing and Trademark registration, and also has a growing litigation practice.
        • Chambers Europe
          (Intellectual Property)
        • Read more
  • We have put together this page which contains some frequently asked questions about Industrial Designs. We hope that you find this helpful. If you have any further questions, please do not hesitate to contact us.

     

    Industrial Designs find out more

    An Industrial Design is a solution of an outward appearance of an industrial or handmade object. It must possess an indication of creative character, which is not only stipulated by its functionality.

    Types of Industrial Designs that can be protected find out more

    All types of objects except for:

    • functional objects
    • architectural, industrial, hydrotechnical, etc. objects;
    • unstable objects like liquids, gases etc.

    Design registration applicants find out more

    Different people can apply for an Industrial Design, these include:
    • authors;
    • assignors, by means of assignment;
    • legal successors;
    • employers, by means of labor contract

    More than one person / entity can be co-applicants for the same application

    Multiple applications find out more

    There are several types of multiple applications (an application, which contains more than one design):

    Design variations: when designs are unified by a common creative idea, which is generally characterized by the same essential features. In other words, the designs should differ from each other unessentially. Each variation enjoys independent patent protection. Example "Teapot (3 variants)";
    Set of designs: when a group of designs are used together. Each design is protected as a dependent part, which constitute a complete set. Example "Set of sofa and two armchairs";
    Whole and part(s): when the whole object and its independent part(s) need to be protected separately. In such an instance, each of the objects is provided with independent protection. Example "Teapot with basement (whole object), lid for teapot (independent part), basement (independent part)

    Partial designs and using dotted lines find out more

    Partial designs claiming protection for parts of an object are accepted. The application for partial designs is identical to the application for entire industrial designs. Solid lines designate claimed parts, whereas disclaimed non-protected elements are dotted. Any form of dashed lines is accepted.

    Claiming earlier priority find out more

    Earlier priority can be claimed from:

    An early filed Russian application, provided that it has not been rejected nor registered by the date of filing;
    An early filed application within the jurisdiction of the Paris convention, i.e. "conventional priority". The application must be filed within six months following the date of the first filing. It is obligatory that the included set of drawings completely coincide with that, which was filed in the first application.

    Multiple priorities find out more

    Multiple priorities based on more than one conventional application are accepted. It is applicable for multiple applications with design variations and whole and part(s) (for particulars on multiple applications, see question 4).

    Filing requirements for an industrial design application find out more

    To apply for design application the following is requested:

    Applicant(s) names and addresses
    Author(s) names and addresses
    Set of photos / drawings / reproductions disclosing all the essential features of the design
    A detailed description and a set of essential features, which are disclosed in the photos/ drawings/ reproductions
    A certified copy of priority application, if applicable

    Examination procedure find out more

    The substantial examination, which directly follows the formal examination, lasts up to twelve months. Design applications are examined on their novelty as well as the basic filing requirements.

    Reasons for design application refusals find out more

    Design applications can be rejected in the formal and substantial examination stage. During the course of formal examination, the application is checked for the correctness of the formal papers and particulars, as well as the completeness of the filing payment. If anything in the application is not in order, there applicant receives an official communication, which requests the submission of additional documents. If the applicant fails to submit the missing documents by the due date prescribed in the official communication, the application may be rejected.

    In the course of substantial examination, the application passes through a novelty and originality search. The application can be rejected on either of the said grounds.

    An industrial design is found patentable if the essential features reflect the photos/ drawings/ reproductions and the set of essential features are not found in publically accessible open sources by the application's priority date. Novelty of the design is a requirement.

    An industrial design is found novel and patentable, if the creative character of the essential features is confirmed, particularly, in the following manner:

    - If, all of the essential features are distinctive from earlier known solutions;
    Or
    - If said solutions exist, but combination of essential features provides the industrial design with an overall peculiarity, which is not inherent in any of the known solutions.

    Length of registration process find out more

    On an average, if the application is flawless the procedure from filing to granting lasts from the ten to twelve months. The issue of any office action extends the procedure for about four months.

    Length of validity of design registration find out more

    The registration of an industrial design is valid for twenty-five years, which is calculated from the filing date.

    Maintenance fees for design registrations find out more

    From the third year of the design's validity, officials request annual maintenance fees. After fifteen years of validity, a request for the renewal of the next term is applied for along with the annuity payment.

    Recording an assignment/licence for an industrial design find out more

    Rights for a pending application can be re-assigned. An assignment deed can be recorded through a request, which must be filed by the date of the design's registration. If the term for recording an assignment deed has not been observed, an assignment agreement can be requested counter to the already registered design.

    A license agreement is applicable only for a registered design and cannot be recorded for pending applications.

    Recording your assignment/licence with the Russian Patent Office find out more

    It is obligatory for the assignment/license agreement to be recorded with the Russian Patent Office; otherwise, the assignment/license agreement has no validity for third parties.

    Recording a merger agreement for a design application/registration find out more

    Yes, a registration of merger agreements is allowable in the Russian Federation. It is sufficient to submit one notarized copy of the agreement, even it relates to more than one patent.

    Availability of deferred publication find out more

    The deferment of an industrial design's publication is not available in the Russian Federation. The publication of an industrial design follows immediately after the registration of the design. Particulars of the pending application are not published until the design's registration.

    How can we help you?

    Talk to us to discuss how ARS-Patent can help you with your Intellectual Property requirements please call us on +7 812 600 6707 for St Petersburg or +7 495 223 27 19 for Moscow, or click on the enquiry form link below.

    Contact us online

    MEET WITH US

    Mrs. Anna Bogdanova will attend the APAA Council Meeting on November 4-7, 2017

    2017-10-02

    Mrs. Anna Bogdanova, patent attorney of “ARS-Patent”, will participate in the APAA Council Meeting in Auckland, New Zeland, on November 4-7, 2017...

    Read more
    Mrs. Anna Bogdanova will take part in the AIPPI on October 13-17, 2017

    2017-10-02

    Mrs. Anna Bogdanova, patent attorney of “ARS-Patent”, will take part in the AIPPI World Congress on October 13-17, 2017. This year The Meeting w...

    Read more

    See all Events

    Back top