Designs and Models

– Law No. 868 on Designs and Industrial Models of November 2, 1981, as amended.

Membership in International Conventions

– Pan-American Convention of Washington (1929).
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 20, 1987.
– Paris Convention for the Protection of Industrial Property, Stockholm Act (Law No. 300 of January 10, 1994), since May 28, 1994.
– WTO’s TRIPS Agreement (ratified by Law No. 444 of November 10, 1994).
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since August 30, 2014.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since August 31, 2021.

Filing

Definition: an industrial design is any combination of lines and colors, and an industrial model is any plastic shape of lines and colors which is intended to give a special appearance to an industrial product or craftsmanship and which is used as pattern for the manufacturing thereof.

Novelty: novelty is required. Any model or design that has been accessible to the public in any country shall be considered as lacking novelty.

Series application: the application may comprise up to 10 diversified copies of embodiment of a design or model, each one complying with the requirements mentioned below under 4 and 5.

Priority: a priority term of six months after the date of registration in the home country is established.

Classification: according to the Locarno Convention.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized;
2. Brief description of the model or design in Spanish (4 copies), with indication of the title;
3. Name, citizenship, profession and address of the creator;
4. Type or kind of product on which the model or design will be used;
5. 4 graphic or photographic representations of the model or design, if necessary in colors.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

Registration, Protection

Publication: only once in a local newspaper. The application might be opposed within a sixty-working-day term to be counted from the date of publication.

Duration: the registration is effective for five years.

Renewal: possible for two consecutive five-year terms.

Nullification: may be claimed judicially within two years after public use of such models and designs.