DESIGNS
An industrial design is an object of intellectual property which refers to an artistic solution of an article, defining its appearance (aesthetic and ergonomic characteristics).
As a type of property, an industrial design is protected by law and certified by a patent granting the exclusive right to this industrial design to the patent owner. No other persons have the right to use a patented industrial design without the authorization of the patent owner.
An industrial design can be protected by a patent if it meets the requirements of patentability, i.e. the claimed industrial design must be new and original. The maximum term of the design patent validity in Russia is 25 years from the date of filing the application with the Russian Patent Office (the basic validity term is 5 years and then the design patent can be renewed 4 times for 5 years). The scope of protection of an industrial design is defined by its essential features supported by representations of the design. Representations of the design (drawings, pictures, photos, etc.) are prioritized for defining the scope of its protection while the decision concerning which features of its appearance are essential is subjective. The following shall be recognized as essential features of an industrial design: features defining the aesthetic and (or) ergonomic characteristics of the appearance of an article, especially its shape, configuration, ornament, combination of colors, lines, contours, structure / formation of used material, etc. The essential features should be determined for examination purposes in order to decide whether the design complies with the patentability requirements and in any disputable situation involving infringement of exclusive right certified by the design patent.
In order to obtain a patent, an industrial design application shall be filed with the Russian Patent Office.
We provide the following services in the field of legal protection of industrial designs:
- preparing, filing and prosecution of industrial design applications in Russia, CIS and other countries;
- conducting a design patent search;
- providing legal advice in the Field of Intellectual Property and estimation of patentability of an industrial design;
- registration of assignment of design patents;
- preparing an expert opinion about the infringement of the exclusive right of a patent owner;
- representing clients before the Chamber of Patent Disputes;
- protection of a patent owner’s rights in court;
- renewal of design patents.
