Designs
What is a design
The registration of a design or model gives the owner the exclusive right to use it and prevent others from using it without his authorisation.
By "use of a design or model" we mean all activities related to manufacturing, offer, marketing and use of the same.
By "use of a design or model" we mean all activities related to manufacturing, offer, marketing and use of the same.
The Italian law provides for two different types of registrations for designs and models:
- individual registrations are used to protect a single design or a single model
- multiple registrations are used to protect multiple models or designs at the same time, for unlimited number of models or designs, as long as they are designed to be actuated or incorporated in objects from the same class of the international classification of designs and models.
Not all new designs or models can be protected. In particular, the external characteristics of a product that are merely determined by its technical function cannot be registered as designs or models.
In order to be registered, designs and models with an actual "esthetical" function must comply with the following requirements:
For the correct evaluation of both requirements, it must be noted that the Italian law considers as disclosed the design or model that has been made accessible to the public by means of registration or that has been exposed, marketed or made public otherwise.
Designs or models that have not been disclosed directly by the author or subjects authorised by him during twelve months before the date on which the registration application was filed are not considered as made accessible to the public (and therefore can be registered).
In order to be registered, designs and models with an actual "esthetical" function must comply with the following requirements:
- novelty, meaning that a design or model is considered as "new" if no identical designs or models have been disclosed before the date on which the application has been filed.
- individuality, meaning that a design or model is considered as "individual" if the general impression aroused in "informed consumers" differs from the general impression aroused in the same informed consumers by any other design or model that was disclosed before the application has been filed.
For the correct evaluation of both requirements, it must be noted that the Italian law considers as disclosed the design or model that has been made accessible to the public by means of registration or that has been exposed, marketed or made public otherwise.
Designs or models that have not been disclosed directly by the author or subjects authorised by him during twelve months before the date on which the registration application was filed are not considered as made accessible to the public (and therefore can be registered).
Registration of designs and models starts with filing the application with the Ufficio Italiano Brevetti e Marchi (Italian Patents and Trademarks Office) (U.I.B.M.) directly or through the Chamber of Commerce. The application must be presented on special forms and accompanied by:
Once filed, the application is examined by the U.I.B.M., which grants registration after verifying that the design or model complies with the requirements of law. As an average, three years elapse from the filing date.
- a description (not compulsory)
- one or more drawings or photographs with description, if any
- payment receipt of government fees
Once filed, the application is examined by the U.I.B.M., which grants registration after verifying that the design or model complies with the requirements of law. As an average, three years elapse from the filing date.
Design or model registrations are valid for five years from the filing date.
Upon payment of legal fees, the owner can extend the registration for one or more periods of five years up to a maximum of twenty-five years starting from the date on which the original application was filled.
Upon payment of legal fees, the owner can extend the registration for one or more periods of five years up to a maximum of twenty-five years starting from the date on which the original application was filled.
Within six months from the filing date, the owner of an Italian application for design or model can file equivalent applications for design or model in foreign countries. Foreign applications are effective from the date of the original Italian application as regards the verification of novelty requirement.
Italian registrations can be extended:
Italian registrations can be extended:
- to individual countries
- through the International Arrangement of The Hague
In order to protect a design abroad, you must file specific registration applications, country by country. For those foreign states that have entered multinational agreements, a single registration application can be filed to protect the model in the states that have signed the agreement.
There are two procedures for the centralized filing of a design, i.e.:
There are two procedures for the centralized filing of a design, i.e.:
- the community registration
- the international registration according to the cumulative procedure in compliance with The Hague International Convention
Starting from January 1, 2003 applications for Community designs and models can be filed, with juridical validity in all the countries of the E.U..
The aforementioned community procedure allows for protection of multiple designs and models in a single application, provided that all designs or models belong to the same classification class established in the Locarno Convention.
The prior disclosure of the design or model by the inventor does not prevent him from filing a community application and obtain the relevant allowance provided that the prior disclosure has taken place during the 12 months before the filing date of the Community application.
The registered Community models or designs are granted a 5-year protection term from the filing date of the application. The protection, however, can be extended upon the owner’s request, for one or more 5-year periods, up to a maximum of 25 years from the registration date.
The aforementioned community procedure allows for protection of multiple designs and models in a single application, provided that all designs or models belong to the same classification class established in the Locarno Convention.
The prior disclosure of the design or model by the inventor does not prevent him from filing a community application and obtain the relevant allowance provided that the prior disclosure has taken place during the 12 months before the filing date of the Community application.
The registered Community models or designs are granted a 5-year protection term from the filing date of the application. The protection, however, can be extended upon the owner’s request, for one or more 5-year periods, up to a maximum of 25 years from the registration date.
We will contact you: