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.
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.
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.
In order to be registrable, an industrial design must be a new or original creation.
The following industrial designs shall not be registrable:
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.
The applicant must submit the following:
The Request Form (IPOPHL has a prescribed form) must contain the following:
If not domiciled in the Philippines, the applicant must appoint a resident agent and submit a signed Power of Attorney.Read More
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.
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.
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?
Normally, registration of an industrial design may be obtained in approximately 6 to12 months from filing date