Do you need to register a design? Jesana IP can provide all the assistance you need for registering an industrial design, particularly if you intend to register a graphic design.
Why is design registration necessary?
An industrial design protects “the appearance of a whole or a part of a product resulting from features of, in particular, the lines, contours, colors, shape, texture, or material of the product itself or its ornamentation (Art. 1.2, Law 20/2003)”.
Product is defined as “any industrial or handicraft item, including parts intended for assembly in a complex product, the sets or groups of items, packaging, structures, graphic symbols, and typefaces, with the exception of computer programs and semiconductor products”.
Therefore, in summary it can be concluded that a design protects the appearance of the whole or a part of a product resulting from certain features including, among others, the lines, contours, colors, shape, texture, and/or materials of the product itself and/or its ornamentation.
Requirements for registering a design
In summary, the requirements for registering an industrial or graphic design are as follows:
The design has never been disclosed or made public.
The impression produced by the design is completely different from the impression produced by any other earlier design which has been made public. This is where complications arise because assessing the unique and singular character, which a design must have to be registered as such, is not a straightforward task.
Complex product component designs
It is sometimes desirable to patent, for example, a drawing of a product that in turn belongs to another more complex product.
Let’s look at an example:
A small television part that indeed presents a singular character meets the novelty criteria, but at the same time it must be a visible part and those observable characteristics must also meet the novelty and singular character criteria. In other words, the user must be able to perceive said impression produced by a truly innovative product both theoretically and technically.
How to patent a design or previous idea
First of all, is it possible to patent an idea or only when it is formalized in a design? Yes, it is possible to do it. We all have the right to protect an idea, as long as the same requirements for the registration of industrial designs or other types of designs are met.
The application for registration of a national patent can be filed at the Spanish Patent and Trademark Office (both in those of the General State Administration and in those authorized by the Autonomous Communities). In the same way, it can be presented through the Post Offices. In the event that we are abroad, we can go to Spanish consulates in that country.
The European patent can be applied for through the European Patent Office, via fax, in person on paper or through an electronic application.
What duration and protection does a patent have?
In Spain, it is 20 years from the date the application is submitted. Same duration for the European Union patent. It grants the owner exclusivity during that period for its exploitation.
In addition, there is the possibility of opting for a utility model that, although it only has half the duration (10 years), offers fewer requirements to obtain protection.
If you prefer that we help you with a process that can be somewhat complex, contact us for more information through our email or by calling us.
What exactly do we do at Jesana IP?
- PRIOR ART SEARCH.
- DESIGN APPLICATION: filed directly by our specialists in Spain and the EU and by our extensive network of collaborators in other countries worldwide.
- CASE FILE SURVEILLANCE.
- SUBMITTING AND REPLYING TO OPPOSITIONS.
- EXPERT REPORTS AND RATIFICATION IN COURT.