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Patenting of industrial designs

When patenting industrial designs you should be guided by the following:

What is an industrial design and how to patent your solution as an industrial design?

This is a fill-in scheme of industrial designs patenting.

  1. Preparing the application materials for grant of industrial design patent to be filed with the Russian Patent Office;
  2. Filing the application;
  3. The expertise of the claimed industrial design in the Russian Patent Office to establish its compliance with the requirements of patentability.
  4. Grant of patent.

As an industrial design you can patent a styling design of industrial or handicraft origin, determining its appearance e.g. the design of a good. The industrial designs can be volumetric and flat e.g. packaging, labels, emblems, types and combined goods, independent components to be assembled into composite goods, etc.

When preparing set of documents for filing grant of industrial design patent application, it should be kept in mind that the picture of the appearance of the good is considered to be the basic document as it conveys all the information about the claimed industrial design. At that it has to be clear, accurate and give the most detailed information about the appearance of a good. All the separate elements of the industrial design should be clearly seen not only in the spotlit sectors but also in the shady ones. Apart from that goods should be pictured as per the name of the industrial design e.g. if a package is being patented the picture of the whole package should be submitted, but not its’ printing dissection.

Before filing an application with the Russian Patent Office it might be worthy to conduct informative search to determine the possibility and advisability of patenting your styling design as an industrial design.

The application for grant of industrial design patent consists of a written request to grant a patent, the description of the industrial design, the picture of the good and list of essential features, which together with the pictures of the good are used to estimate the ambit of patent protection.

To patent an industrial design you have to make sure that it meets such requirements of patentability as novelty and originality. To establish whether the claimed industrial design can be patented or not, the Patent Office conducts an expertise, comprising informative search of similar design solutions.

When it is established that the claimed industrial design, characterized by the unity of essential features, which are clearly seen in the pictures and stated in the list of features submitted by the applicant, meets all the requirements of patentability, the decision of grant of industrial design patent is made. Otherwise the decision of refusal to grant a patent is made, which can be appealed in the established order in the Chamber on Patent Disputes.

The Russian Patent Office is currently developing a draft of the Law “The amendments to the Russian Federation Law “On trademarks, service marks and names of goods’ origin”.
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Draft Law concerning amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1
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