OUR SERVICES:
DESIGNS
The patent for Designs concerns designs and three-dimensional forms. With this kind of patent only the form as it is portrayed is protected, and not the idea on which it is based. The protection is extended to the whole product, or part of it, as it results, in particular, from the features of the lines, contours, colours, shape, surface structure and/or the materials of the product and/or of its ornament and decorations.
Why you should be supported by an attorney? A registered intellectual property attorney is capable to suggest the best strategy to protect your goods so as to obtain the best protection to face/avoid counterfeiting. Entrusting intellectual property agents with the management of your intellectual property portfolio relieves the business/inventor of the task to manage prosecution and maintenance procedures, which are often complicated, as well as deadlines, renewals, and fee payments in Italy and abroad, with greater possibilities to reduce costs.
RIGHTS
Right to produce and market exclusively in the Country in which the design has been applied for. Right to prohibit other persons from producing, selling, marketing, using or importing the registered object. A design may be assigned or a licence of use may be granted.
REGISTRATION REQUIREMENTS
A Design, to be registered, must have the following features:
Novelty
It is new if no identical Design has been disclosed before the date of submission of the application or of priority claiming, if priority has been claimed. Designs are considered identical when their features differ only for irrelevant details.
Individual Character
A Design has individual character if it gives the “informed user” a different overall impression from Designs disclosed before the date of submission of the application or priority date.
Lawfulness
Objects that may offend the sense of morality or public order cannot be patented.
Industrial or craft objects may be registered, including their components, which have to be assembled to form a complete product, their packaging, presentation, graphic symbols and typographic characters. The components of a complete product can be registered if they are visible during its normal use by consumers, and if their visible features include the requirements of novelty and individuality. The registration of the features of a product, which must be reproduced in their exact shapes and dimensions in order to connect it or incorporate it to another product, is not permitted.
EXTENSION OF COPYRIGHT
Designs, which have their own special creative features and artistic value, may also be covered by Copyright protection as well as Design protection.
NATIONAL DESIGN
DURATION
5 years, renewable for further 5 years up to a maximum of 25 years.
MULTIPLE FILING
The law allows to file up to 100 variants of the same design in the same goods and services classification with one single application, so that also the possible variants, as long as they are included in the same Locarno classification, can be protected.
Go to the Locarno classification
COMMUNITY DESIGN
It is a single title which is valid in the whole European Community. The patent for Designs concerns designs and three-dimensional forms. With this kind of patent only the form as it is portrayed is protected, and not the idea on which it is based. The protection is extended to the whole product, or part of it, as it results, in particular, from the features of the lines, contours, colours, shape, surface structure and/or the materials of the product and/or of its ornament and decorations. For example the following products can be registered: furniture, complementary furniture, textiles, clothes, graphic interfaces (Software), etc.
Priority
Within 6 months from the date of submission of the first application.
Duration
5 years renewable for further 5 years up to a maximum of 25 years, starting from the date of filing.
Organization
EUIPO (European Union Intellectual Property Office) based in Alicante (Spain)
INTERNATIONAL DESIGN
Any new Design, which meets the requirements provided by the national legislation of the Countries designated in the application, can be registered.
Priority
Within 6 months from the previous national filing.
Duration
It depends on the current legislation of each designated Country.
Organization
WIPO (World Intellectual Property Organization)
NATIONAL OVERSEAS DESIGN
Any new Design, which meets the requirements provided by the national legislation of the Countries designated in the application, can be registered.
Priority
It depends on the current legislation of each Country.
Duration
It depends on the current legislation of each Country.