An application form must be filed to register an industrial design. This should include a clear and complete description of the design so that it provides third parties with new technical information and can be understood by a person with average knowledge of the design in question.
Claims made in a foreign country should include an address in that country or that of a person holding power of attorney. Other formalities are often required such as the payment of a fee or authentication by a public notary.
The application is then examined by the relevant body in the country concerned; the method used can differ from one country to another. If protection is granted, a certificate is issued stating that the owner’s exclusive rights exist from the date of registration. In cases where protection is refused the applicant should be given the right to make observations and then appeal.
Filing an industrial design application
- identification of the owner of the industrial design
- description of the product to which the industrial design protection applies
- graphic or photographic representation of the industrial design
Examination of application by the administrative authority
- national and international screening
- examination of basic and formal requirements by the Patent Office