The design of a product or even a business place is an important element of differentiation in the market, being a determining factor for the recognition of the product by consumers and commercial success.
Hence the importance of protecting the design through an industrial design registration, granting its holder the right to exclusive exploitation for up to 25 years, with the possibility of preventing the exploitation by third parties of products with ornamental configuration that reproduces or substantially imitates the industrial design.
An industrial design is the ornamental plastic form of an object or any ornamental arrangement of lines and colors that may be applied to a product, that provides a new and original visual result in its external configuration and that may serve as a type for industrial manufacture.
Three basic requirements for the registrability of an industrial design may be drawn from this definition: novelty, originality and industrial application. An industrial design is considered new when it is not comprised by the prior art, i.e., it is an objective and absolute novelty. The industrial design is considered original when it results in a distinctive visual configuration in relation to other prior objects. The original visual result may arise from the combination of known elements.
The industrial design protection refers to the external and aesthetic form of an object or ornamental pattern, and not to its practical function.
Our main services related to industrial designs are:
- Prior art and clearance searches and assessment on the registrability of an industrial design
- Preparation and filing of applications for industrial design registration
- Payment of renewal and maintenance fees
- Administrative procedures before the Brazilian PTO, such as: reply official actions, filing of appeals, cancelation action and other measures in Brazil and abroad
- Monitoring of industrial designs published in Brazil of third parties and competitors
- Management and administration of the industrial designs portfolio in Brazil and abroad;
- Analysis, drafting and negotiation of contracts involving license, assignment and exploration of industrial designs
- Due diligence of industrial designs assets
- Analysis of infringement and unfair competition involving industrial designs with elaboration of legal and technical opinions, recommendations and respective chances of success;
- Defense of our client’s rights on lawsuits involving industrial designs or unfair competition