Industrial designs

Industrial design is the visual design of industrial or handicraft articles.

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What is an industrial design?
An industrial design is a design solution for the appearance of an industrially-manufactured or a handicraft article.
What can be patented?
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.
Are there conditions for design patent issuance?
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.
Why is a design patent necessary?
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.
Can one do without a design patent?
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.
How to determine if a design patent is being infringed?
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.
What is the duration of a design patent?
5 years, with the possibility of further extensions up to 25 years.
In which countries is a design patent valid?
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.
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Consultations on Patent Disputes
Do you have a design patent, and someone is using your industrial design without permission?
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.
Can't use an industrial design because a competitor has a patent?
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.
Want to use an article but unsure if it will infringe on someone else's rights?
A freedom-to-operate analysis should be conducted by your patent attorney.
Received a cease-and-desist letter or a lawsuit for design patent infringement?
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.
Tatyana Chervina
Patent Attorney Assistant
Tatyana Chervina
Patent Attorney Assistant
She handles patent, utility model and design applications before the Russian and Eurasian Patent Offices as well as abroad. She carries out work on preparing and filing applications, maintains the document workflow during application proceedings, prepares and files documents for registration of the disposal of the exclusive rights.
Margarita Shavrygina
Russian and Eurasian Design Patent attorney
Margarita Shavrygina
Russian and Eurasian Design Patent attorney
Margarita has a master’s degree in Saint Petersburg National Research University of Information Technologies, Mechanics and Optics (ITMO). Margarita joined our Company in 2016 Full professional proficiency in English.
Galina Shirokova
Head of the Records and Document Management Department
Galina Shirokova
Head of the Records and Document Management Department
Graduate of St. Petersburg State Electrotechnical University. Joined our company in 2008, has been working as the head of department since 2014. Specializes in protection of IP rights and disposal of exclusive right to inventions, utility models and designs at…
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Ilya Liapunov
Russian Federation Patent and Trademark Attorney
Ilya Liapunov
Russian Federation Patent and Trademark Attorney
Ilya possesses deep knowledge and extensive experience in protecting intellectual property rights, including patents, trademarks, and copyrights. To this day, he still advises clients on intellectual property protection strategies and portfolio management.
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