Industrial designs

An industrial design is a design solution for the appearance of an industrially-manufactured or a handicraft article.

The appearance of labels for packaging, furniture fittings, furniture sets, sets of jewelry, interior designs, decorative elements for interior, hairdryers, cars, graphical user interfaces, and more.

Yes, an industrial design must be new and original. Additionally, for a successful patent application, several requirements must be met regarding the preparation of images and the design application itself, such as the compliance of the claimed articles with the requirement of unity for industrial designs, among others.

A patent confirms your exclusive right to the industrial design, which includes a monopoly on its use, including production, sale, import, and more. This also provides the opportunity to generate additional income by licensing the industrial design to third parties. The right can be transferred for temporary use, sold, pledged, inherited, or included in the charter capital.

Design works are considered objects of copyright. In this case, the exclusive right to the design is vested in its author by virtue of its creation without the need for any protective document. However, in case of copying or imitation of the design by third parties, proving the existence of the exclusive right to the design becomes complicated. With a patent, it is much easier to protect your rights.

You need to compare the features of the appearance of the infringing article with the features of the industrial design presented on its images in the patent – these define the scope of protection. In order to ensure appropriate claims drafting and to establish whether an infringement takes place, it is recommended to consult your patent attorney.

5 years, with the possibility of further extensions up to 25 years.

Generally, a separate design patent must be obtained in each country. However, there are also regional patents, for example, in addition to a Russian design patent, you can obtain a Eurasian design patent, which is valid in Russia and some neighboring countries. If patents are needed in several countries, an international design application is usually filed.

Initially, it is advisable to send a cease-and-desist letter to the infringer. If they refuse to stop using the industrial design, you should consider taking a legal action.

You can try to negotiate a license to use the industrial design. If the patent holder refuses and does not use the industrial design themselves, you can compel them to grant a license. In some cases, the design patent can be invalidated.

A freedom-to-operate analysis should be conducted by your patent attorney.

First, determine whether infringement actually exists by obtaining an opinion from your patent attorney. It is also worth checking whether the design patent in question can be invalidated.