How to get a patent for an industrial design

In Ukraine, the industrial design is not a fairly popular object, but it should not be underestimated. The appearance of the product plays an important role, because consumers often do not buy the product itself, but the packaging, that is, the appearance of the product. Therefore, it stands and needs to be protected.

Consider what constitutes an industrial design.

An industrial design is the result of a person’s creative activity in the field of artistic design, that is, it is a decorative, aesthetic aspect (design) of a product. Products are understood to mean various objects of industrial or handicraft production: technical equipment and vehicles, fabrics and models of clothes, jewelry and toys, packaging and furniture, dishes and food, graphic symbols and samples of printed fonts.

Legal protection of an industrial design is carried out on the basis of a patent. A patent is a title of protection confirming priority, authorship and exclusive, exclusive right of its owner to use an industrial design. A patent is needed to obtain exclusive rights to protection against unauthorized copying or imitation of an industrial design by third parties.

A patent grants its owner the exclusive right to use an industrial design at his discretion, if such use does not violate the rights of other patent owners, and also prohibit other persons from using the industrial design without his permission, unless such use is recognized as a violation of rights in accordance with the Law patent holder. The rights granted to the owner according to the patent are valid from the date of publication of information on its issuance subject to payment of the annual fee for maintaining the patent.

They are not recognized as an industrial design: decisions caused only by the technical function of the product, architecture, printed matter as such, objects of an unstable form, products that contradict public order, the principles of humanity and morality.

A patent for an industrial design is valid in Ukraine for 10 years with the possibility of renewal for 5 years, counting from the date of filing an application for an industrial design in the manner prescribed by law.

For more detailed advice and registration of the right to an industrial design, we advise you to contact "Bliss" law office.