We process Industrial Designs in any country or patent office in the world (see Scope of Registration). In the case of Industrial Designs in Spain, Community Models/Drawings and International Designs, we prosecute the application directly at the corresponding Office or Register. In the case of national designs in foreign countries, we prosecute the application via our network of foreign agents.
Prosecution includes preparing or correcting drawings, filing the application, responding to the application examination, responding to third party objections and collecting the official title. We constantly control the deadlines of all the different actions required during prosecution, in accordance with the applicable regulations.
We monitor the official publications of the patent and trademark offices, to inform our clients about Industrial Design applications which may conflict with their interests. We prepare oppositions to the granting of Industrial Designs to third parties.
Maintenance of Designs
We maintain industrial designs in force, controlling the payment due dates, informing the client of the need to pay renewal fees, and making payments at the corresponding patent office.
We carry out Industrial Design searches by applicant/proprietor, type of product, key words, designer, etc. to identify the designs registered for a certain type of product, to locate a specific design, to locate the designs in the name of a certain company, etc.
We prepare Industrial Design registerability reports, analyzing the novelty and singularity of the designs compared with previous designs.
Infringement Risk Reports
We prepare infringement risk reports, to determine whether a particular design infringes any Industrial Design registrations. We also analyse the possibility of equesting the nullity of a third party industrial design in court. Nullity is generally due to a lack of novelty or singularity, not detected during the prosecution of the industrial design.
We provide legal advice on judicial and extrajudicial action, including the processing of summons, drawing up of licensing contracts, evaluation of Industrial Property assets, etc. We work with a team of lawyers with extensive experience in industrial property matters, for lawsuit filing or for defending our clients’ interests in lawsuits initiated by third parties.
TYPE OF REGISTRATION
Industrial Designs protect the appearance or aesthetic nature of the whole or part of a product. Protection extends for a maximum of 25 years, granting the proprietor the right to prevent third parties from using the design without his/her consent. Any aesthetic creation for industrial purposes may be registered as Industrial Design, provided that it is new within the scope of the EU and it is unique.
Spanish legislation prior to the current Law on Industrial Design contemplated two types of protection: Industrial Drawings (2D creations) and Industrial Models (3D creations). Currently, a single type of protection is available: the “Industrial Design”. However, the “Industrial Drawing/Model” nomenclature continues to be applicable in some countries, even in the EU (Community Model/Drawing), but it essentially refers to Industrial Design.
Spanish Industrial Design applications are filed at the Spanish Patent and Trademark Office (OEPM). Protection is granted throughout the Spanish territory.
Community Model/Drawing applications are filed at the Office for Harmonization in the Internal Market (OAMI). Protection is currently granted for 28 member countries of the European Union: Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Spain, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungry, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Rumania and Sweden.
International Design applications are prosecuted at the International Office of the World Intellectual Property Organization (WIPO), and has the same effect in the designated states as a national registration. There are now 47 states party to the Hague Agreement, which, in its different versions, regulates the filing of international designs.
Applications are filed at the corresponding Patent Office in each country. Registration is required in each country in which exclusive rights (industrial property rights) are wished to be obtained.