Industrial design (or as it is also called – industrial design) – the result of human creative activity in the field of artistic design – an object of intellectual rights, refers to the appearance, design and ergonomic properties of an industrial or handicraft product.
You cannot patent an idea, but a product that differs from others and is characterized by any new kind of shape, configuration, color or combination of these elements in the product creates an aesthetic impression – it is quite possible to register as an industrial design.
- volumetric industrial samples – they are based on a volumetric-spatial structure, for example, artistic and design solutions that determine the appearance of the packaging of goods, machines, bottles, etc.;
- flat industrial designs – are characterized by a linear-graphic relationship of elements and are not actually endowed with volume, for example, art and design solutions that determine the appearance of the texture of fabrics, an advertising prospectus, an image on clothes, board children’s games, etc.
It is possible to patent products that combine both of these characteristics. For example, the appearance of the shampoo bottle along with the label.
Also, industrial designs can refer to the whole product as a whole (for example, a bicycle) or to its individual element (bicycle steering wheel).
In Ukraine, you can get a patent for an industrial design that will protect the appearance of the product, provided the design is new.
Of course, there are objects that, in accordance with the Law of Ukraine “On the Protection of Rights to Industrial Designs,” cannot receive legal protection as industrial designs. These include: architectural objects (except for small architectural forms); unstable objects made of liquid, gaseous, loose or similar substances; industrial, hydraulic and other stationary structures; printed matter per se.
The scope of legal protection is determined by the set of significant features of the industrial sample presented in the image (s) of the product.
The acquisition of the intellectual property right to the industrial design is certified by a security document – the Patent.
The author and other persons who acquired the right to an industrial design under an agreement or in accordance with the law are entitled to obtain such a patent.
The territory of the patent is exclusively the territory of the country where it is issued. At the same time, the owner of a patent in one country can and has the right to patent an industrial design in other states, in compliance with the procedures for issuing patents established in selected countries.
The rights arising from the patent are valid from the date of publication of information about its issuance, subject to payment of an annual fee for maintaining the patent.
In accordance with the Law of Ukraine “On the Protection of Rights to Industrial Designs,” the validity of a patent for an industrial design is 10 years from the date of submitting an application to the Ministry of Economy and continues with it at the request of the owner, but not more than five years, subject to payment of the fee in the manner established by paragraph 2 of Article 24 of the Law. Thus, the term of the exclusive property rights of intellectual property to an industrial design in Ukraine is 15 years from the date of submission of the application and this period cannot be exceeded.
IMPORTANT! In order for a patent to work, it is necessary to maintain its strength annually. To do this, you need to pay the fee within a time limit strictly established by law and file a petition to maintain the patent.
Having received a patent for an industrial design, you are entitled to the following rights:
- the right to prohibit other persons from using the industrial design without your permission, unless such use is recognized in accordance with the current legislation of Ukraine as a violation of the rights of the patent holder;
- the right to give any person permission (issue a license) to use an industrial model on the basis of a license agreement;
- transfer by contract the ownership of the industrial design to any person who becomes the successor of the patent holder.
Together with the rights comes liability – for the owner of a patent for an industrial design, it consists in the fair use of the exclusive right arising from the patent. If the industrial design is not used or not used enough in Ukraine for three years, starting from the date of publication of the patent information or from the date, when the use of the industrial specimen has been discontinued, any person willing and willing to use the industrial specimen, if the owner of the patent refuses to conclude a license agreement, he can apply to the court with an application for a permit to use an industrial model.
A patent can belong to several persons, the relationship in the use of which between such persons is determined by an agreement. If there is no such agreement, then each of the owners of the patent may use the industrial design at their discretion, but neither of them has the right to give permission (issue a license) to use the industrial design and transfer ownership of the industrial design to another person without the consent of all patent owners.
Before taking up the procedure for registering an industrial sample for obtaining a patent, a patent search should be carried out – this is a study of already patented industrial samples. Search results will help you determine the situation on the market, understand what has already been patented and there is a possibility of a refusal to issue a patent.
To obtain a patent, an industrial design must differ in novelty of design, and if as a result of such a search it turns out that your design is not new, or it is already patented by competitors, then it is impractical to invest resources in it. Searching will help you save both money and time and effort to promote your industrial sample.
How to get a patent for an industrial design?
Prepare an image to apply for
For industrial designs, the scope of legal protection is determined precisely through all the distinctive features of the product presented in the images, therefore, this stage is probably the most important – it is important to prepare images that will give a complete idea of the appearance of the product, its color, the presence of ornaments or other distinctive features.
The usual procedure for obtaining a patent in our country takes from 7 to 9 months, from the date of application. But, also, you have the right to use the accelerated examination service – in this case, the period for issuing a patent is reduced to 2-2.5 months.
Once you have a complete image ready for submission, and you have decided on the terms in which you would like to receive a ready-made patent, we enter into an active phase of providing you with qualified assistance and support in relation to the patent process itself, on your behalf (by power of attorney) or by other agreement:
- submission of the application established by the law of the sample with all the necessary appendices thereto;
- conducting an examination of the application, which is carried out by specialists of the authorized state body – in Ukraine it is Ukrpatent, which is subordinate to the Ministry of Trade Development, Economy and Agriculture of Ukraine. The examination determines whether the application is submitted in accordance with all procedural norms, and whether the declared object meets all the signs, in order to receive a positive response to the issuance of a patent;
- if the expert has no comments, a decision is made to issue a patent, indicating the amounts of mandatory state fees to be paid;
- after payment of government duties, you receive a Patent for an industrial design.
Our team of specialists can completely free you from routine communication and the process of working on documents with Ukrpatent during the procedure for obtaining a Patent, ensuring the implementation of a turnkey industrial registration service.