Process description
1. Filing of a design registration application
A design registration application must be submitted. The application must include:
- a petition for registration of a design (completed design application form);
- a representation or a set of representations which provide a clear and complete conception of the features of the design.
A single application can apply to the registration of one or more designs. If the application covers several designs, the designs covered must fall within the same class of the International Classification of Designs (Locarno Classification), with the exception of designs having the character of ornamentation. An additional fee is to be paid for each design included in the application in addition to the first design.
The application fee must be paid within one month of the date of filing of the application for registration.
If the applicant wishes to keep the design undisclosed for a certain period of time, he may request a deferment of publication of the design, but not for longer than 30 months from the date of the application. Such a request may be annexed to the application at the time of filing or sent in after filing until the Patent Office has taken a decision on the registration of the design. A fee for deferment of publication is applied.
The power of attorney shall be attached to the application if it is filed through an authorised person. The original copy of the power of attorney must be submitted and, where the power of attorney is applicable to several applications, a copy must be attached to each application separately. Professional patent attorneys may file an application without a power of attorney.
2. Examination of a design registration application
The Patent Office carries out an examination of formal requirements and assesses whether the design is registrable. The Law on Designs sets out the circumstances under which the Patent Office may refuse the registration of a design. Section 9 of the Law on Designs sets out the objects which are not protected by the registration of a design, while Section 21 of the Law on Designs provides that a design must meet the definition of a design in Clause 1 of Section 1 of the Law on Designs.
The Patent Office does not assess whether the design has novelty, individual character or whether it has been disclosed to the public before the filing date.
3. Registration and publication of a design
If the design is declared registrable, the applicant shall be notified thereof. The applicant shall pay the fee for registration and publication of the design, and if applicable, an additional fee for each additional representation included in the publication other than the first.
The notice of registration of the design is published in the official publication of the Patent Office. The proprietor of the design is issued a certificate of registration in paper or electronic format. When obtaining the certificate in paper format, the invitation from the Patent Office to appear for the certificate of registration of the design must presented.
Design registration is valid for 5 years from the filing date. Registration may be renewed each time for a new 5-year period up to a maximum period of protection of 25 years from the date of application.
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