What is an industrial design?
The industrial model is the result of man’s creative activity in the field of artistic design.
The object of the industrial design can be a shape, a pattern or a combination thereof that determine the appearance of an industrial product and is designed to meet aesthetic and ergonomic needs.
The acquisition of intellectual property rights for an industrial design is certified by a patent.
The patent of Ukraine for industrial design is a security document issued on behalf of the state by the authorized body – the State Intellectual Property Service of Ukraine.
With the flowering of design art in the world, more and more trying to ensure that the functionality of the products is combined with their pleasant appearance. As a consequence of this – the cost of design development is increasing. Therefore, the protection of the results of creative work of designers is ensured by the registration of relevant industrial designs.
Validity of the patent.
The period of validity of a patent for an industrial design is 10 years from the date of filing of the application and is prolonged at the request of the patent owner, but not for more than 5 years.
What objects can not get legal protection?
The following objects can not obtain legal protection:
– objects of architecture (except for small architectural forms);
– industrial, hydraulic engineering and other stationary structures;
– printed products as such;
– objects of unstable form from liquid, gaseous, loose or similar substances.
What rights does the owner of the patent of Ukraine have for industrial design?
The patent grants its owner the exclusive right to use the industrial design at his own discretion, and also to prohibit other persons from using the industrial design without his permission, except for cases when such use is not recognized in accordance with the Laws of Ukraine as a violation of the rights of the patent owner.
How to protect the industrial design?
According to the Law of Ukraine “On protection of rights to industrial designs”, legal protection is granted to the industrial model, does not contradict the public order, the principles of humanity and morality and meets the condition of patentability.
The condition of patentability of an industrial design is novelty. A person wishing to obtain a patent may apply for its extradition to the State Intellectual Property Service of Ukraine. On behalf of the applicant, an application may be submitted by a representative for intellectual property (patent attorney).
Foreign and other persons having a permanent place of residence or location outside Ukraine realize their rights through patent attorneys.
An application is a collection of documents necessary for obtaining a patent. It is compiled in Ukrainian and must contain:
- application for the grant of a patent;
- a set of product images that give a complete picture of the appearance of the product;
- drawings (if they are referenced in the description);
- drawing, diagram, map (if they have a link in the description).