Industrial design is an object of intellectual rights related to the external design, appearance and ergonomic characteristics of an industrial or handicraft product. The main conditions for the patentability of an industrial design are the novelty of the product and its originality.
Patent Rights:
The right to an industrial design of a product is regulated by patent law. The right to an industrial design appears after its state registration.
The main document confirming the right to the issued industrial design is a patent. Its validity period is 5 years. Also, the term of such a patent can be extended for 5 years more than once, but not more than 25 years.
The author of a product of an industrial design is a person whose creative work was created an invention and the author of an industrial design is transferred the rights to the invented product.
Registration of an industrial design in Ukraine:
The objects of industrial design on the territory of Ukraine are the form, drawing, coloring and their ratio, which determine the appearance of the industrial design and are designed to meet ergonomic or aesthetic needs. Ukrpatent also registers those industrial designs that are not industrial. products, however, are reflected in the Locarno classification. It includes: interiors, computer interfaces. programs, etc.
To successfully obtain a patent for prom. a sample must be submitted to the special patent office of Ukraine. The application is a set of well-prepared documents. The composition of this application for prom. a sample must necessarily include a set of images of your product (photographs, drawings) and its description, indicating the main features. The photo should show the essential signs of the prom. sample, so the image should be made clear, without defects, unnecessary shadows and glare. That is why it is not recommended to use amateur photographic equipment to create images for the application. With a positive decision of the experts, the applicant is given a patent.
The Institute of Industrial Designs is required to protect only design solutions, and existing ergonomic solutions must be protected by inventive law, since they are aimed at achieving a finished technical result and cannot obey aesthetic criteria.
