Design


1. What is an industrial design?
An ‘industrial design’ protects the visual features of the whole, or a part, of a product. These features could include elements such as the lines, contours, colours, shape, texture or materials of the product itself or of its decoration.
2. Which types of application could be filed?

Industrial designs applications can be simple or multiple.
- A simple application is composed of a single object, or of a set of products
   that cannot be separated (such as a set of draughts, or a pack of cards).
- A multiple application can include up to 100 products, as long as they
   belong to the same class considered at the Locarno International
   Classification. Each of the objects included in a multiple registration must
   fulfill the industrial design requirements. The different products are treated
   independently, and so registration can be granted or refused for only some
   of the products that comprise a multiple application.

3. What designs can be registered?

It is possible to register industrial designs that meet both of the following two conditions:
- The ‘industrial design’ must be new
An industrial design is considered new if there has been no disclosure to the public (through sale, fairs or exhibitions, magazines, catalogues, etc) of an identical industrial design before the registration application date.
The following three conditions should be fulfilled for disclosure not to invalidate registration:
• It must be made by the creator of the industrial design;
• It must be made within a period of no longer than 12 months before the application for registration;
• It must be indicated on the application form;


- The ‘industrial design’ must have distinctive character
An industrial design has distinctive character if it is not confused with any other earlier product. It is possible to register industrial designs which, while not being entirely new, make new combinations of known elements.


4. What type of products and designs cannot be registered?
It is not possible to obtain protection for computer programs, products dictated solely by their technical function, communications products, products with a design that goes against public order or good morals, and designs that do not exhibit novelty and distinctive character.
5. How long does it take to register a Industrial Design?

An industrial design registration is not granted automatically. The application process begins once the application is submitted, and may include an examination in accordance with the rules governing the composition of industrial design.
Once an application is filed, within a month, it is submitted to a formal examination and to an examination concerning the limitations of the product and then published online in the Industrial Property Bulletin. At the time of application, the applicant can request the delay of the publication until a period of 30 months.
Following the publication of the application there begins a two-month opposition phase during which anyone who feels they may suffer loss as a result of the award can file a complaint.
If a complaint has been filed the application is submitted to an examination is made regarding the grounds for refusal presented in the complain. At the end of this process the notification of award, refusal, or partial award is issued accordingly. In case of no complain has been filed, the award is partially or totally issued.

6. How long is a Industrial design registration valid for?

The registration is valid for 5 years, starting from the date of the application, and can be renewed for further periods of 5 years each up to a maximum of 25 years.