Industrial property enables exclusive rights to be obtained over certain intangible creations that are protected as true property rights. It guarantees the holder an exclusive right to prevent third parties from exploiting their creation in exchange for the disclosure of the creation.
Industrial design is a type of industrial property that protects creations that relate to the external appearance or ornamentation of a product or a part of it. Once the application has been submitted, formal and substantive aspects will be examined. After publication, there is a two-month period for third-party oppositions. If any such oppositions are presented, the SPTO will decide whether to uphold the granted design.
Industrial design rights have a duration of 5 years from the application submission date and they are renewable for successive 5-year periods up to a maximum of 25 years.
Industrial design rights are territorial; you can follow a national, community or international route depending on the territories in which you wish to obtain protection.
Before proceeding, we advise you to first check that the creation you would like to protect corresponds to the industrial design category. You should also check whether you are entitled to apply and what other requirements must be met, such as the requirement for the design to be new and have a unique character, etc.