Intellectual Property FAQ
Industrial Designs FAQ
1. What is an industrial design?
A solution of an outward appearance of an industrial or handmade object. It must possess an indication of creative character, which is not only stipulated by its functionality.
2. What can be protected as an industrial design?
All types of objects except for:
- functional objects
- architectural, industrial, hydrotechnical, etc. objects;
- unstable objects like liquids, gases etc.
3. Who can apply for the design's registration?
- authors;
- assignors, by means of assignment;
- legal successors;
- employers, by means of labor contract
More than one person / entity can be co-applicants for the same application
4. Is a multiple application accepted?
There are a several types of multiple applications (an application, which contains more than one design):
- Design variations: when designs are unified by a common creative idea, which is generally characterized by the same essential features. In other words, the designs should differ from each other unessentially. Each variation enjoys independent patent protection. Example "Teapot (3 variants)";
- Set of designs: when a group of designs are used together. Each design is protected as a dependent part, which constitute a complete set. Example "Set of sofa and two armchairs";
- Whole and part(s): when the whole object and its independent part(s) need to be protected separately. In such an instance, each of the objects is provided with independent protection. Example "Teapot with basement (whole object), lid for teapot (independent part), basement (independent part)
5. Are partial designs accepted? Are dashed lines allowed?
Partial designs claiming protection for parts of an object are accepted. The application for partial designs is identical to the application for entire industrial designs. Solid lines designate claimed parts, whereas disclaimed non-protected elements are dotted. Any form of dashed lines is accepted.
6. How can earlier priority be claimed?
Earlier priority can be claimed from:
- An early filed Russian application, provided that it has not been rejected nor registered by the date of filing;
- An early filed application within the jurisdiction of the Paris convention, i.e. "conventional priority". The application must be filed within six months following the date of the first filing. It is obligatory that the included set of drawings completely coincide with that, which was filed in the first application.
7. Are multiple priorities accepted?
Multiple priorities based on more than one conventional application are accepted. It is applicable for multiple applications with design variations and whole and part(s) (for particulars on multiple applications, see question 4).
8. What are the filing requirements for an industrial design application?
To apply for design application the following is requested:
- Applicant(s) names and addresses
- Author(s) names and addresses
- Set of photos / drawings / reproductions disclosing all the essential features of the design
- A detailed description and a set of essential features, which are disclosed in the photos/ drawings/ reproductions
- A certified copy of priority application, if applicable
9. Is there a substantial examination procedure?
The substantial examination, which directly follows the formal examination, lasts up to twelve months. Design applications are examined on their novelty as well as the basic filing requirements.
10. Can a design application be refused in the registration stage and why?
Design applications can be rejected in the formal and substantial examination stage. During the course of formal examination, the application is checked for the correctness of the formal papers and particulars, as well as the completeness of the filing payment. If anything in the application is not in order, there applicant receives an official communication, which requests the submission of additional documents. If the applicant fails to submit the missing documents by the due date prescribed in the official communication, the application may be rejected.
In the course of substantial examination, the application passes through a novelty and originality search. The application can be rejected on either of the said grounds.
An industrial design is found patentable if the essential features reflect the photos/ drawings/ reproductions and the set of essential features are not found in publically accessible open sources by the application's priority date. Novelty of the design is a requirement.
An industrial design is found novel and patentable, if the creative character of the essential features is confirmed, particularly, in the following manner:
- If, all of the essential features are distinctive from earlier known solutions;
Or
- If said solutions exist, but combination of essential features provides the industrial design with an overall peculiarity, which is not inherent in any of the known solutions.
11. How long does the registration process last?
On an average, if the application is flawless the procedure from filing to granting lasts from the ten to twelve months. The issue of any office action extends the procedure for about four months.
12. How long is a design's registration valid?
The registration of an industrial design is valid for twenty-five years, which is calculated from the filing date.
13. Does a design registration require maintenance fees?
From the third year of the design's validity, officials request annual maintenance fees. After fifteen years of validity, a request for the renewal of the next term is applied for along with the annuity payment.
14. Can an assignment/license agreement be recorded for a design application?
Rights for a pending application can be re-assigned. An assignment deed can be recorded through a request, which must be filed by the date of the design's registration. If the term for recording an assignment deed has not been observed, an assignment agreement can be requested counter to the already registered design.
A license agreement is applicable only for a registered design and cannot be recorded for pending applications.
15. Does an assignment/license agreement need to be recorded with the Russian PTO?
It is obligatory for the assignment/license agreement to be recorded with the Russian Patent Office; otherwise, the assignment/license agreement has no validity for third parties.
16. Can a merger agreement be recorded for a design application/registration?
Yes, a registration of merger agreements is allowable in the Russian Federation. It is sufficient to submit one notarized copy of the agreement, even it relates to more than one patent.
17. Is a deferred publication available and for how long?
The deferment of an industrial design's publication is not available in the Russian Federation. The publication of an industrial design follows immediately after the registration of the design. Particulars of the pending application are not published until the design's registration.
Industrial Designs FAQ
