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Industrial Design

What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. To be protected under most national laws, an industrial design must be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected.When an industrial design is protected, the owner – the person or entity that has registered the design – is assured an exclusive right against unauthorized copying or imitation of the design by third parties.

How long is the term of protection of an industrial design ?

Industrial designs are protected for a period of five (5) years from the filing date of the application. The registration may be renewed for not more than two (2) consecutive periods of five (5) years each, upon payment of the renewal fees. A grace period of six (6) months is granted for payment of the renewal fees after the expiration of the design registration, upon payment of a surcharge.

What are examples of products that an industrial design protects?

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles, from textile designs to leisure goods.

What types of industrial designs are registrable and what are not registrable?

In order to be registrable, an industrial design must be a new or original creation.

The following industrial designs shall not be registrable:

  1. Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;
  2. Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and
  3. Industrial designs which are contrary to public order, health, or morals.

Is it possible to protect an industrial design by copyright?

Section 172(h) of the Intellectual Property Code provides that original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art are protected by copyright. Copyright protection is conferred at the moment of creation of the original work.

What are the requirements for filing an industrial design application?

The applicant must submit the following:

  • Request for Registration of an Industrial Design,
  • Description and claim, and
  • Drawings showing the different views of the design application
  • If the priority of an earlier filed application is claimed, the details of the priority application, i.e., filing date, filing number and country of origin must be submitted

The Request Form (IPOPHL has a prescribed form) must contain the following:

  1. Title of the Design
  2. Name of Applicant (or applicants, if there are more than one)
  3. Address of Applicant/s
  4. Country of Nationality & Residence of Applicant/s
  5. Name of Designer (or designers, if there are more than one)
  6. Address of Designer/s
  7. Country of Nationality & Residence of Designer/s
  8. Priority Claim details (if applicable) – application must be filed within 6 months from earliest priority date
    • Country where it was filed
    • Filing date
    • Application No.

If not domiciled in the Philippines, the applicant must appoint a resident agent and submit a signed Power of Attorney.

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Can multiple designs be filed under one application?

It is possible to file multiple designs under one application provided there is unity of design, i.e. the designs are all of the same subclass of the International Classification or of the same set or composition of the articles.

What are the requirements for the formal drawings?

The Formal Drawings must show a sufficient number of views to constitute a complete disclosure of the appearance of the article. Appropriate surface shadings must be used to show character or contour of the surfaces represented. Photographs or computer-aided (CAD) drawings may be submitted in lieu of the required format of the drawings provided that these are printed on an A4 size paper as prescribed under the Rules, with figure numbers printed in black ink on the paper proximate the corresponding photographs/CAD drawings.

What are the requirements for claiming priority?

If claiming priority, the applicant is required to submit a Certified Copy of the Priority Application with English translation (if not in English) within 6 months from filing of the application.

What are the procedures from Filing to Registration of an industrial design?

  1. Filing the Application
  2. Formality Examination
  3. Compliance with Office Action to correct formality deficiencies, if any
  4. Notice of Publication in e-Gazette
  5. Notice of Issuance of Certificate
  6. Issuance of Certificate of Registration

How long does it normally take to obtain registration for an industrial design?

Normally, registration of an industrial design may be obtained in approximately 6 to12 months from filing date

How much will it cost to file an industrial design application?

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