30 March 2021

Patenting an Industrial Design

Industrial design category includes artistic and design solutions which define the outside appearance of an article. Industrial design is protected under the legislation since it is an object of intellectual property and is used to increase marketability and consumer-oriented qualities of a product.

The right for a patent for an industrial design starts from the date of state registration and is valid for 15 years from priority date and under condition that annuity is paid regularly. The patent can be extended for 5 years. After the 20-years period expires the patent becomes invalid. Artistic and design solutions, outside appearance of an article and design can be protected as an industrial design.

What Can Be Protected by Industrial Design Rights?

Patent for an industrial design can be registered if it is new or original and has industrial applicability or utility. Industrial design is considered new if its characteristics are not known from the publicly available sources at priority date of the industrial design.

According to the law industrial design is considered original if its fundamental characteristics determine artistic character of aesthetic singularities of an article. Thus industrial design that slightly differs from the original article by size, color or number of parts will not be considered original. Industrial design has industrial applicability or utility if it can be reproduced and applied.

What Cannot be Protected by Industrial Design Rights?

The law defines designs that are generally barred from registration as:

  • Designs that are considered to be dictated exclusively by the technical function of a product
  • Printed products
  • Industrial fixed structures
  • Architectural objects (except small forms)
  • Objects of shaky form of granular, gas or liquid settings

Patents will not be granted for designs which are considered to be contrary to public interests, humanism or morality.

Annual Maintenance of a Patent

To maintain your patent you need to pay the state official annual fee. If the fee is not paid, the patent becomes invalid and any person can start using it within the period of its invalidity. The patent can be renewed within three years period of non-payment of annual fee.

Registration of an Industrial Design

  • Write the text describing your industrial design which you are going to patent.
  • Make patent search for patent purity.
  • Make the list of characteristics of your industrial design.
  • Prepare application for the registration of your patent and file it to Rospatent.
  • After you receive the decision on your industrial design pay for patent granting.
  • If an expert opinion is required then send the answer for this request to Rospatent.
  • After you receive the decision on your industrial design pay for patent granting.
  • Pay maintenance fees for your patent.

If at some stage you don’t know how to proceed please contact Zuykov & Partners and we will help you.