Registration of rights to an industrial design

An industrial sample is the result of a person’s creative purposeful activity in the field of artistic design. Relations regulating the registration of rights to industrial designs in Ukraine are regulated by the Law of Ukraine “On Protection of Rights to Industrial Designs” and the Civil Code of Ukraine.

Objects that fall under the category “industrial sample”

The author or other persons who have received the right to the industrial design by law or contract can register an industrial design with the help of specialists from our legal company “PRIKHODKO & PARTNERS”.

Contacting the specialists of our company is a guarantee of qualified assistance in solving the widest range of issues related to the field of industrial property. We will select the most optimal option for the protection of your artistic creation or development.

An industrial design can be registered as intellectual property under the following conditions:

• The object subject to legal protection must not contradict the principles of morality and humanity.
• An industrial design must comply with the rules of public order and be patentable.
• The object to be registered must have signs of an original, new design solution.

Important: an industrial design is considered new only in cases where it was not known before the date of the declaration of priority or before the date of submission of the official application.

Objects that belong to the “industrial sample” category:

• Industrial products.
• Works of craftsmanship.
• Jewelry, watches.
• Medical equipment.
• Fabrics, drawings.
• Leisure items.
• Household electrical appliances, etc.

All industrial samples can be divided into 3 groups: flat, three-dimensional, combined.

• Flat  – they contain a two-dimensional composition. Such industrial designs include: labels, images on clothes, fabric textures.
• Bulky – this is a composition based on a three-dimensional structure. We are talking about the appearance of furniture, pens, bottles.
• Combined – they contain signs that are distinguished by their shape, pattern, coloring. Among the industrial samples of this group: the appearance of shoes, decorated with patterns; drawings on construction tiles, etc.

In Ukraine, the term of patent for an industrial design is 10 years. If there is such a need, the term of the patent can be extended by 5 years.

The following objects cannot receive legal protection: printed products; objects of architecture (except for small architectural forms); hydrotechnical, industrial and other structures; objects of unstable shape (they can consist of loose, gaseous or liquid substances).

Registration of a patent for an industrial design

A patent for an industrial design is valid in the territory of the country where it was registered. If you need to protect the product of your intellectual work abroad, you should register in the country where you plan to work.

However, there are situations when a patent for an industrial design may be required in different countries. If every time registration is carried out according to the national procedure of each state, the procedure will be very expensive. A more optimal option would be the registration of a patent according to the Hague system – the international system of patent registration for industrial designs.

Important: Ukraine has ratified all acts and treaties of the Hague system. Thus, national applicants can choose the right countries to register the industrial design.

The following documents are required to register a patent for an industrial design:

1. Application of the owner of the industrial design.
2. High-quality images of the product itself (it can be a drawing or a mockup).
3. Detailed description of the industrial model.
4. Addendum to the industrial design – maps, drawings, diagrams.

Thus, industrial design registration is a popular and widespread procedure in Ukraine. However, obtaining a patent for an industrial design requires practical experience and special knowledge in this field. That is why it is better to seek help from experts who specialize in registration of industrial design rights.

Our law firm “PRIKHODKO & PARTNERS” provides a number of services related to obtaining a patent for an industrial design:

• Provision of consultations related to issues of protection and further use of industrial samples.
• Conducting a patent search.
• Preparation of documents required for registration of contracts to establish rights to industrial designs.
• Conducting patent studies on the appearance of the object of economic activity and industrial property rights.
• Preparation of comprehensive decisions on issues of industrial designs and protection of your rights in court.

If you need to calculate the cost of registering a patent for an industrial design, our intellectual property experts will help you with this.

Sign up for a preliminary consultation – leave a request below and calculate the price of registration of rights to an industrial design!