Designs and Models

– Industrial Property Law (Decree No. 57-2000) of September 18, 2000, in force since November 1, 2000, amended on June 26, 2013.

Filing

Definition: any group of lines or colors or any plastic form, associated or not to lines or colors, that may be applied to an industrial or handicraft product, provided they give the product a special appearance and may serve as a pattern for its manufacture. The protection of industrial designs and models does not include those elements or characteristics that only serve to obtain a technical effect. Industrial designs and models may be patented if they are novel and industrially useful.

Novelty: is lost if the design or model has been published or made public through publication, sale or marketing or by any other means, before the date of filing of the application or before the filing of the application if a foreign priority is claimed. Minor or secondary differences with prior designs or models or applications of known designs or models to other type or class of goods does not constitute novelty.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. Drawings;
3. Description;
4. List of goods.

Protection

Duration: industrial designs and models are protected for ten years.

Renewal: they may be renewed for five years. Application for renewal must be filed at least sixty days prior to expiration.

Classification: according to International Classification of Industrial Designs, Locarno, October 8, 1968.

Other provisions dealing with patents of invention are applicable to industrial designs and models.