Conditions to be met to obtain protection for industrial designs and models

Depending on the applicable laws, independently created industrial designs must meet some or all of the following criteria: Novelty/Originality.

The assessment of novelty and originality varies from country to country. In general, an industrial design is considered new or novel if it has not been previously disclosed to the public and can be considered original if it differs significantly from known designs or combinations of known design features.

Who grants industrial design registrations or design patents?

Industrial design registrations or patents are granted by the intellectual property office of the country (or region) where the application is filed. View a list of national/regional intellectual property offices.

Do I need an agent to place an order?

Depending on the applicable law, you may apply to register an industrial design or to grant a design patent yourself or you may be required to appoint an agent.

How much does it cost to get industrial design protection?

Since registration costs for protection vary from country to country, it is best to contact your national (regional) IP office for details on the fee structure. If protection is sought abroad, in addition to the regular registration fees, you should consider translation costs and the costs of using a local agent.

View a list of national/regional IP offices.

Is protection of industrial designs granted in one country valid in every country?

Industrial design rights are territorial. This means that these rights are limited to the country (or region) where protection is granted.

How can I obtain industrial design rights in other countries?

At present, there is no “universal” or “international” industrial design right.

In general, in order to obtain protection in other countries, an application for registration of an industrial design or model for a patent must be filed in each country in which protection is sought, according to the law of that country. In other words, if protection is sought in both countries “A” and “B”, an application must be filed with the Intellectual Property (IP) office of country “A” and another application with the IP office of country “B”.

To avoid having to file applications in every country where protection is sought, WIPO’s Hague System provides a practical, efficient solution for registering up to 100 designs in a large number of territories – all through a single international application. Find out more about the Hague System.

In some regions, it is also possible to obtain protection for industrial designs in the region concerned by submitting an application to a regional intellectual property office. This is the case of the African Intellectual Property Organization (OAPI), which registers industrial designs in the States Parties to the Bangui Agreement; the African Regional Intellectual Property Organization (ARIPO), which registers industrial designs in the States Parties to the Lusaka Agreement; the Benelux Intellectual Property Office (BOIP), which registers industrial designs in the three Benelux countries; and the European Union Intellectual Property Office (EUIPO), which registers industrial designs in the Member States of the European Union.

What practical steps should I take to obtain protection for my industrial design?

An application for registration of an industrial design patent can be filed with the intellectual property (IP) office of the country (or region) in which protection is sought. We recommend that you consult our IP office directory to find the relevant office.

Alternatively, the Hague System for the International Registration of Industrial Designs provides a practical and efficient solution for registering up to 100 designs in a large number of territories by filing a single international application. Find out more about the Hague System.

When should I apply?

Timing is very important. Given the requirements for novelty and/or originality of industrial designs in most legislations, it is generally important to apply for registration or grant of a patent before it is publicly disclosed, to avoid damaging the novelty/or originality.

If an industrial design has already been disclosed to the public (for example, through an advertisement published on a company’s website), it may not be considered “new” or “original” and may fall into the public domain. However, some countries allow a “grace period” for filing after the industrial design has been disclosed. This period provides protection to applicants who have disclosed their industrial design before filing. This “grace period” is usually 6 or 12 months.

How can I search for already registered industrial designs?

IP offices may make available online industrial design/patent databases for registration of industrial designs and models. See our IP Office Directory.

How can I find the industrial design laws of different countries?

WIPO Lex provides easy access to intellectual property legislation from a wide range of countries and regions as well as to treaties relating to intellectual property.

Many national or regional IP offices also provide information regarding national or regional legislation on their websites.

Industrial Designs Relevance to Business

Industrial designs make a product attractive and appealing to customers. Design drives consumer choice: The appearance of a product can be a major factor in a consumer’s purchasing decision. In other words, the success or failure of a product can depend, at least in part, on how it looks. Industrial designs can therefore be very important for both small and medium-sized businesses and large corporations alike, regardless of their sector of activity.

Advantages of Private Business in Industrial Designs Protection

Industrial design protection should form an integral part of any business strategy. The main reasons for industrial design protection are:

Return on investment: Protection contributes to a return on investments made in creating and marketing attractive and innovative products.

Exclusivity: Protection provides exclusive rights for at least 10 years, in order to prevent or prevent others from exploiting or copying industrial designs commercially.

Promoting brands: Industrial designs can be an important element of a company’s brand. Industrial design protection contributes to protecting a company’s brand.

Opportunity to license or sell: Protection provides rights that may be sold or licensed to another organization, which will then be a source of income for the rights holder.

Positive image: Protection helps to convey a positive image of the company, as industrial designs are commercial assets that can increase the market value of the company and its products.

Reward: Protecting industrial designs rewards and encourages creativity.

What happens if I don’t protect industrial designs?

If you don’t protect your industrial designs, it means that you may not have exclusive rights to them. As a result, your competitors may take a product to market, incorporating your industrial design, without your permission.

So if a competitor or anyone else makes, sells or imports products that bear or embody a design that is a copy (or substantial copy) of your industrial design without your consent, you will have no legal recourse to combat them. Furthermore, copies of industrial designs are likely to be sold at a lower price as competitors do not have to recoup the investments made in the creative process. This can reduce your market share for the product in question and can be damaging to your company’s reputation and the reputation of your products.