Industrial designs

Design Application in Russia

 Industrial designs are artistic designs of objects that determine their external appearance. 

Patentability

An industrial design is patentable if it has the following two characteristics:

- world novelty;
- individual character (originality). 

Filing requirements 

In order to be eligible for protection an application for an industrial design must be submitted to Federal Service for Intellectual Property, Patents and Trademarks (Rospatent). The application must be submitted in Russian through a patent attorney registered with Rospatent.
An industrial design application shall relate to one industrial design or to a group of industrial designs, so closely associated, that they form a single creative concept (unity of industrial design requirement). 

The application should contain: 

1. the request for the grant of a patent, stating the name of the author or authors and the person (or persons) in whose name the patent is sought, and their place of residence or place of business;
2. a set of representations of the article, giving a full and detailed perception of its outward appearance;
3. a drawing of the general view of the article, ergonomic scheme, flow chart, if they are needed to disclose the essence of the industrial design;
4. description of the industrial design.

The industrial design application shall be accompanied by a document, certifying the payment of patent fees. 

Procedure for a design application in Russia is roughly as below: 

1. 2-4 months formal examination stage (patent examiners check for conformity of documents in the application);
2. substantive examination (patent examiners check for patentability of the subject matter);
3. Rospatent publishes in its Official Bulletin particulars about the patent granted and enters the patent into the State Register of Industrial Design of the Russian Federation. 

It generally takes about 8-10 months to obtain a Patent for a smooth design application. 

The term of protection for an industrial design is 5 years from the date of receipt of the application by the Rospatent. The term of protection may be extended at the request of the patent owner, for a period not exceeding 25 years. 

 

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