What does an industrial design mean?
Industrial design - the result of human creativity in the artistic construction industry. The object of industrial design can be shape, pattern or combination thereof, which define the appearance of industrial products and designed to meet the aesthetic and ergonomic needs. Since the designs are one aspect of the product, which makes it aesthetically appealing, they enhance the commercial value of the product and facilitate the promotion of the market and sale.
How to protect an industrial design?
Patents: Patent issued for an industrial design that meets the criteria of patentability, namely, it must be new (original). A patent gives its owner the exclusive right to use industrial design at its discretion, if such use does not violate the rights of other patent holders, and the right to authorize the use of the right to prohibit third parties from unauthorized manufacture industrial design or its imitation. Moreover, it should be borne in mind that the industrial model patent is not necessarily the only way of protection. Under certain conditions, can provide protection for industrial design in accordance with copyright laws or legislation on the suppression of unfair competition. Validity of the patent. Validity of a design patent is 10 years from the date of submission of the application and continues at the request of the patent owner, but not more than five years.
What you need to do to get a patent?
order to obtain intellectual property rights in industrial design, it is necessary to apply the prescribed form and in the prescribed manner. In the process of examination is decided to grant a patent or refusal to extradite him.
Who can be the owner of the intellectual property rights for industrial design?
right to obtain a patent is the author or his successor. Authors who have created a common industrial design work, have equal rights to obtain a patent. The right to obtain a patent is the employer if the industrial design created in connection with the performance of official duties or on behalf of the employer.