Industrial design – is an object of intellectual property rights relating to the appearance, design and ergonomic properties of products of industrial or artisan production.
What can you patent as an industrial design?
In accordance with the Civil Code (section 1352, paragraph 1), a solution on the appearance of an industrial or artisanal product is protected as an industrial design.
Examples of industrial designs:
The appearance of technical solutions made by designers in an original manner.
Design of dresses, clothing items. The materials of which the designs are made are also considered.
Web sites and software Interfaces:
Web site and software interfaces developed by the designer.
Elements of the company corporate identity, business cards, restaurant menus, company prints and so on.
Conditions of the industrial design patentability:
An industrial design is considered as new if its essential cumulative feature is not known at the time of application. "Author's privilege" - is 12 months from the date of the industrial design disclosure (exhibition, Internet, publication), that is, during this period you can apply without losing the novelty of the invention.
An industrial design is recognized as original if its essential features are derived from the creative nature of the product peculiarities, in particular, if from the publicly available information at the time of industrial design application filing, a solution to its appearance is unknown.
Period of registration and validity of the exclusive right for industrial design:
Term of exclusive rights for industrial design.
Author's privilege for "novelty" patentability parameter.
Minimum period of registration of industrial design patent.
The title documents examples of granted patents:
Procedure of a industrial design patent registration:
1 day Patent specialist
Studying Customer's materials, identifying the objects of patenting, calculating the terms and cost of patenting.
5 – 7 days Patent specialist, Patent attorney
The search is executed across the databases of patents for utility models, inventions, industrial designs, trademarks and filed applications for their receipt. The patent searches result in the selection and analysis of the closest substitutes for the claimed patented object.
Results analysis, patenting strategy development
1 day Patent specialist, Patent attorney
Based on the patent searches and on the task set for us by the Customer, an optimal industrial design patenting strategy is developed, the application materials submitted for registration are adjusted, in particular the formula and abstract
Execution and filing an application for an invention with ROSPAENT
1 day Patent attorney
Preparation of all necessary documents, description of the patented object, its formula, materials needed to understand its essence (drawings, diagrams), abstract and so on. Filing the application using electronic (digital) signature or in the FIIP reception office. In accordance with Section 1381 of the Civil Code of the Russian Federation the application filing date is the date of receipt of all necessary documents according to the list of FIIP. Obtaining the application number (it will remain unchanged) - the priority date of the patent for industrial design is determined by the day the application number is received!
Examination as to form
up to 2 months FIIP Expert
The compliance of the application documents with the formal requirements is being checked. Based on the formal examination results, Rospatent makes a decision on accepting the application for consideration and proceeds to the examination as to the substance
Examination as to substance of the patented object
Up to 16 months FIIP Expert
Application examination as to the substance of an industrial design includes a list of actions with the main purpose being to identify the patentability of the claimed object. The examination is executed by FIIP experts. During the examination as to substance the industrial design compliance to the requirements of the Russian Federation law is being checked.
Granting a patent for industrial design to the rightholder
Up to 2 months ROSPATENT
The title document contains the number of the industrial design patent, the name of the object, the date of state registration, the application number, the priority date, the expiration date of the exclusive right for the patented object, the name of the patent holder, the names of the invention's authors
We understand how important it is for you to keep your inventions secret. Indicate your contact details in the cost calculator and we will provide you with the NDA.
Cost of registration of the industrial design patent:
The standard procedure of the industrial design patenting: 12 months
Amounts of stamp duties for industrial design patenting:
The amounts of stamp duties are established by the state and are the same for all but certain categories of citizens and legal entities. Check the exact amount of duties from our employee on the day of your call
Stamp Duty for industrial design examination as to the form
+700 ₽ for each claim over 10
Stamp Duty for industrial design examination as to the substance
+ 2500 ₽ for each industrial design of industrial design group over
Stamp Duties for industrial design registration and patent granting
According to Section. 1377 of the Civil Code of the Russian Federation, an application for an industrial design must relate to one design (industrial design) or to a group if they are so interconnected that together they form a single creative concept (the requirement of the industrial design unity).
A verified copy of the application filed in another state party to the Paris Convention (countries participating in the Paris Convention for the Protection of Industrial Property), which must be submitted no later than three months from the date of filing application with ROSPATENT, must be attached to the application requesting for convention priority.
A 3D industrial design application must contain an image of the product's general appearance in the 3/4 angle front view, left, right, rear and, if necessary, top and bottom views. For an ornamental design, one plan view is sufficient.
When a color scheme is an important essential feature of a product, all images are submitted for registration in color.
A team chart for an industrial design is presented if it relates to products of light or textile industry. Materials samples (knitted materials, accessories, leather ...) with a repetitive pattern are presented in the size of the pattern repeat.
It is recommended that the name of industrial design is formulated in ICID terms or close to generally accepted industry terminology. The following structure for the industrial design name is recommended: • generic notion • generic sub-notion • specific name Example: Textile machine STB-216
When the formal examination is positive, the applicant has the opportunity to file a request for posting industrial design application information in the official bulletin. From the date of application information publication and until the date of industrial design patent granting, temporary legal protection is provided in the scope determined by the essential cumulative feature reflected in the external article images (paragraph 1 of Section 1392 of the Civil Code of the Russian Federation as amended by Federal Law No. 549 of 12/27/2018 -FZ)
Calculation of cost and time required for registration of patent for industrial design:
Registration of a patent for invention Cancellation of patents for invention Invention Examination (judicial and pre-trial) Obtaining an international patent for invention Challenging ROSPATENT's refusal to obtain a patent Protection of Copyright and exclusive rights for invention Listing invention in the customs register
Registration of a patent for utility models Cancellation of patents for utility models Utility models examination (judicial and pre-trial) Obtaining an international patent for utility models Challenging ROSPATENT's refusal to obtain a patent Protection of Copyright and exclusive rights for utility models Listing utility models in the customs register
Additional services in patenting industrial designs:
Patent examination of industrial design
Examination of your patent rights infringement
Cancellation of the patent for industrial design
Cancellation (termination) of others' patents for industrial designs
Extension of the patent for industrial design
Extending patent exclusive rights for industrial designs