To protect rights is not less important than to develop a form of an original product
Patent for industrial design is issued in order to protect copyright for visual design (appearance) of industrial products and handcrafted objects. It confirms authorship, exclusive right, and priority, securing the product design against illegal use.
Patent for industrial design is an important tool for manufacturer’s protection, since it is the appearance that often drives the consumer’s choice. If products with similar function have similar specifications, attractive visual design can be critical for the purchase decision. Therefore, safeguarding and protection of industrial design (prototype) is a strategic objective for the business.
Industrial design can obtain legal protection, if it is new and original. Since industrial design is related to the object appearance, the word “design” is often used to define such objects. This is because the industrial design (prototype) is often the result of a designer’s creative efforts
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Registered designs (prototypes) include the following:
- Appearance of a vehicle
- Shape of furniture, containers, bags, package, decorative items and other objects
- Individual elements of products (e.g. car wheels or doors)
- Design of a post-card, label, or other printed products
- Ornament of wallpaper or carpet
- Unique elements of decoration, e.g. interior design
- Combination of colors, configuration, unusual object shape
- Fonts, structure, menu, navigation and other elements of web-sites and other online resources
A patent certifies priority of the industrial design (from the date of the patent application filing), authorship and exclusive industrial design right.
Patent holder has right to use the protected property at its choice, without harming other copyright holders. Patent holder may transfer the rights for industrial design free of charge or sell them.
Patents are not issued for the following objects:
- Those having no certain shape (liquid or bulk substances)
- Those clearly demonstrating their functions, while meaning of their appearance is not defined
- Hydraulic and stationary constructions
- Books and texts
- Monumental architectural developments
Either a legal entity or an individual (a group of persons) are eligible to apply for industrial design patent.
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- Assistance in international patenting via the Hague system in more than 90 countries worldwide
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- Maintenance of patent validity throughout its period
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