Dear colleagues we are describing the legal procedure of registering a patent for industrial design.
Before registering a patent we recommend having a few consultations. As a result of the consultations it is determined if one needs a national patent (one country) or a patent for several countries.
According to Article 3 of The Council Regulation (EC) No 6/2002 on community designs in the European Union, an industrial design entails the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation.
Industrial design in the European Union is protected under the law in 28 member States of the European Union. Registration of an industrial design in all of the counties can be done in two ways.
Registration of an industrial design in EUIPO
An application for the registration of an industrial design can be filed to The European Union Intellectual Property Office (EUIPO). A registered industrial design is valid for 5 years starting from the application date. This period can be extended by another 5 years several times, with a maximum period of 25 years.
The procedure of registration of an industrial design goes as following. After filing an application to the Office it undergoes a formal examination and if it meets the formal requirement it is registered in the European Industrial Design Registry and is published in Official Bulletin on EUIPO’s website.
Starting with the moment of publication the registration is automatically valid in all European Union territory. In the case of an unhindered examination process, the Office registers an industrial design in 2-4 months after application date.
International registration of an industrial design according to the Hague system
The second method of registration of an industrial design in the European Union is through listing the EU as a chosen country in the International Registration of Industrial Designs, the Hague system, which is processed by the World Intellectual Property Organization (WIPO). According to this system the applicant, during the application process, chooses from the list of countries and regional organizations that are members of The Hague Convention, including the European Union (implies EUIPO). The applicant chooses countries and organizations from which he plans to acquire protection for his industrial design. This way, through filing one application through the Hague system while listing the European Union and other countries, it is possible to acquire protection not only in the EU, but also in other countries under The Hague Convention. International registration of an industrial design valid in the European Union has the same volume of protection under the law as a design registered through EUIPO.
However, it is important to pay attention to the fact that an application to receive a “European” patent from EUIPO can be filed not only by a citizen of an EU member state, but also a citizen of a non-EU country, but the international application through the Hague system can only be filed by a citizen of the Hague Convention member state. If the applicant is a citizen of a country where the convention is not ratified, then he can only register an industrial design through a direct application to EUIPO.
The duration of validity on the European Union territory is the same as in EUIPO, which is 5 years from the application date with a possibility of renewing with a maximum of 25 years.
Registration of an industrial design in the EU following the international procedure goes as following. After filing an application to WIPO it undergoes formal examination and if it meets the formal requirements it is registered in the International Industrial Design Registry and is published in Official Bulletin on WIPO’s website.
From the moment of publication, the registration is automatically valid in all European Union territory. The registration procedure of an industrial design through the Hague system takes 6 months on average.
It should be noted that both under the EUIPO legislation and The Hague Convention, when it comes to maintaining the newness of an industrial design for a longer period of time, the applicant has a right to request a postponement of the publication for no more than 30 months from the date of application or, if the priority is requested, from the date of priority.
Dear colleagues we are describing the legal procedure of registering a patent for industrial design.
Before registering a patent we recommend having a few consultations. As a result of the consultations it is determined if one needs a national patent (one country) or a patent for several countries.
According to Article 3 of The Council Regulation (EC) No 6/2002 on community designs in the European Union, an industrial design entails the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation.
Industrial design in the European Union is protected under the law in 28 member States of the European Union. Registration of an industrial design in all of the counties can be done in two ways.
Registration of an industrial design in EUIPO
An application for the registration of an industrial design can be filed to The European Union Intellectual Property Office (EUIPO). A registered industrial design is valid for 5 years starting from the application date. This period can be extended by another 5 years several times, with a maximum period of 25 years.
The procedure of registration of an industrial design goes as following. After filing an application to the Office it undergoes a formal examination and if it meets the formal requirement it is registered in the European Industrial Design Registry and is published in Official Bulletin on EUIPO’s website.
Starting with the moment of publication the registration is automatically valid in all European Union territory. In the case of an unhindered examination process, the Office registers an industrial design in 2-4 months after application date.
International registration of an industrial design according to the Hague system
The second method of registration of an industrial design in the European Union is through listing the EU as a chosen country in the International Registration of Industrial Designs, the Hague system, which is processed by the World Intellectual Property Organization (WIPO). According to this system the applicant, during the application process, chooses from the list of countries and regional organizations that are members of The Hague Convention, including the European Union (implies EUIPO). The applicant chooses countries and organizations from which he plans to acquire protection for his industrial design. This way, through filing one application through the Hague system while listing the European Union and other countries, it is possible to acquire protection not only in the EU, but also in other countries under The Hague Convention. International registration of an industrial design valid in the European Union has the same volume of protection under the law as a design registered through EUIPO.
However, it is important to pay attention to the fact that an application to receive a “European” patent from EUIPO can be filed not only by a citizen of an EU member state, but also a citizen of a non-EU country, but the international application through the Hague system can only be filed by a citizen of the Hague Convention member state. If the applicant is a citizen of a country where the convention is not ratified, then he can only register an industrial design through a direct application to EUIPO.
The duration of validity on the European Union territory is the same as in EUIPO, which is 5 years from the application date with a possibility of renewing with a maximum of 25 years.
Registration of an industrial design in the EU following the international procedure goes as following. After filing an application to WIPO it undergoes formal examination and if it meets the formal requirements it is registered in the International Industrial Design Registry and is published in Official Bulletin on WIPO’s website.
From the moment of publication, the registration is automatically valid in all European Union territory. The registration procedure of an industrial design through the Hague system takes 6 months on average.
It should be noted that both under the EUIPO legislation and The Hague Convention, when it comes to maintaining the newness of an industrial design for a longer period of time, the applicant has a right to request a postponement of the publication for no more than 30 months from the date of application or, if the priority is requested, from the date of priority.
Dear colleagues we are describing the legal procedure of registering a patent for industrial design.
Before registering a patent we recommend having a few consultations. As a result of the consultations it is determined if one needs a national patent (one country) or a patent for several countries.
According to Article 3 of The Council Regulation (EC) No 6/2002 on community designs in the European Union, an industrial design entails the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation.
Industrial design in the European Union is protected under the law in 28 member States of the European Union. Registration of an industrial design in all of the counties can be done in two ways.
Registration of an industrial design in EUIPO
An application for the registration of an industrial design can be filed to The European Union Intellectual Property Office (EUIPO). A registered industrial design is valid for 5 years starting from the application date. This period can be extended by another 5 years several times, with a maximum period of 25 years.
The procedure of registration of an industrial design goes as following. After filing an application to the Office it undergoes a formal examination and if it meets the formal requirement it is registered in the European Industrial Design Registry and is published in Official Bulletin on EUIPO’s website.
Starting with the moment of publication the registration is automatically valid in all European Union territory. In the case of an unhindered examination process, the Office registers an industrial design in 2-4 months after application date.
International registration of an industrial design according to the Hague system
The second method of registration of an industrial design in the European Union is through listing the EU as a chosen country in the International Registration of Industrial Designs, the Hague system, which is processed by the World Intellectual Property Organization (WIPO). According to this system the applicant, during the application process, chooses from the list of countries and regional organizations that are members of The Hague Convention, including the European Union (implies EUIPO). The applicant chooses countries and organizations from which he plans to acquire protection for his industrial design. This way, through filing one application through the Hague system while listing the European Union and other countries, it is possible to acquire protection not only in the EU, but also in other countries under The Hague Convention. International registration of an industrial design valid in the European Union has the same volume of protection under the law as a design registered through EUIPO.
However, it is important to pay attention to the fact that an application to receive a “European” patent from EUIPO can be filed not only by a citizen of an EU member state, but also a citizen of a non-EU country, but the international application through the Hague system can only be filed by a citizen of the Hague Convention member state. If the applicant is a citizen of a country where the convention is not ratified, then he can only register an industrial design through a direct application to EUIPO.
The duration of validity on the European Union territory is the same as in EUIPO, which is 5 years from the application date with a possibility of renewing with a maximum of 25 years.
Registration of an industrial design in the EU following the international procedure goes as following. After filing an application to WIPO it undergoes formal examination and if it meets the formal requirements it is registered in the International Industrial Design Registry and is published in Official Bulletin on WIPO’s website.
From the moment of publication, the registration is automatically valid in all European Union territory. The registration procedure of an industrial design through the Hague system takes 6 months on average.
It should be noted that both under the EUIPO legislation and The Hague Convention, when it comes to maintaining the newness of an industrial design for a longer period of time, the applicant has a right to request a postponement of the publication for no more than 30 months from the date of application or, if the priority is requested, from the date of priority.