What is an industrial design?

Industrial design is in fact an appearance of a product, its design, styling solution.

Industrial designs can be:

Three-dimensional (models) - constituting a composition based on the spatial three-dimensional structure, for example appearance of a package, furniture, agricultural machine, motorcycle, chandelier, and the like:

Folding sofa "Royal". Patent No.9054 Private Enterprise "Furniture Factory "Romira"

Plane (drawings) - constituting a composition, based on the graphic linear relationship of elements that can not be visually perceived as three-dimensional. For example appearance of a carpet, kerchief, fabric, and the like.

Wrapper of a candy "Rusalonka". Patent No.9048 Subsidiary Enterprise "Confectionery Corporation "Roshen".

Combined - characterized by common features peculiar to three-dimensional and plane examples, for example, the appearance of a confectionery product, information board, exhibition construction(composition), building facing tile, and the like.

Doll - pillow. Patent No.9109. Kucheruk Svetlana Stepanovna Lazhevskaya Yelena Stepanovna

Please note that the term"industrial design" is applied both in respect of one product, and in respect of a set (kit) of products. A set (kit) can be recognized to be a single industrial design, if it comprises elements exercising different functions but subordinated to a common purpose. For example tea or dinner service, tool kit, suit of furniture, etc.

Three-piece suite. Patent No.9041 Private Enterprise "Furniture Factory "Romira"

All elements of a set (kit) should have community of composition and stylistic decision from the point of view of styling.

The term "single product" is used both to a whole product, for example automobile, and to its part, for example bumper, headlight, etc.

A variant of industrial design can be the appearance of products belonging to a single functional group, which are similar in essential features and different in inessential features. For example several chairs differing from each other by texture, color of decorative upholstery material.

In order to be patented an industrial design should have NOVELTY, i.e. the combination of all essential features of an industrial design should not be known in the world as of the date of filing of patent application.

This means that if any information on an industrial design had been known in the world (published in any periodicals, directories, advertising folders) before the date of filing, then such industrial design may not receive protection according to the current legislation of Ukraine.

ATTENTION! At present, the Ukrainian Institute of Industrial Property does not examine t he presence of novelty of a claimed industrial design. Therefore all industrial designs, applications for which are executed as established by law, may receive appropriate patents in Ukraine. However, we do not recommend the misuse of this possibility, since a patent for industrial design that is not novel may be invalidated in court.

AS INDUSTRIAL DESIGNES CAN NOT BE REGISTERED:

Objects of architecture(except for small architectural forms), industrial, hydraulic and other fixed structures.

Printed matter as such.

Objects of unstable form made of liquid, gaseous, loose or the like substances.

The exclusive rights in industrial design belong to an owner of a patent granted after registration of industrial design in the authorized governmental body - the State Department of Intellectual Property.

A patent of Ukraine for industrial design is valid only on the territory of Ukraine within 10 years from the date of filing.

A patent for industrial design grants its owner the following exclusive rights:

1. The right to authorize the use of an industrial design by other persons.

2. The right to PROHIBIT the use of an industrial design by other persons.

3. The right to CLAIM damages judicially, as well as other compensation in case of illegal use of an industrial design by other persons.

You can get more detailed information on the procedure of registration of industrial designs in Ukraine by clicking  here.