Under definition of design invention falls an artistic design solution which is manufactured in industrial or handicraft way. Per totality of characteristics a design solution are such criteria as originality and novelty. Essential features of design invention are defined by aesthetic or ergonomic features of products appearance such as shape, configuration of the product or its parts, ornament and combination of colors, etc.
The artistic design solution meets the criteria of novelty if prior to the priority date, the totality of its essential features was not known from the worldwide public sources.The artistic and design solution is considered original if the totality of its essential features is conditioned by the creative character. To establish the correspondence of design solution with the requirements imposed on it, a state examination should be carried out with a necessary state duty payment.
The design solution can consist of planar elements (two-dimensional) or volume element (three-dimensional). A basis of volume elements is the three-dimensional structure that determines the appearance of vials, packaging, pieces of furniture, transport, etc. Planar design solutions represent a linear-graphical ratio of elements, for example, the appearance of the label, packaging, advertising brochure, the first page of the printed edition, the pattern of fabric, carpet, etc.
Patent protects a visual comprehension of the product, its shape, expressiveness, ergonomics, composition. Protection of design solution is not provides for objects of labile forms such as created from liquids, sand, etc., as well as industrial structures and other structures, construction facility (except small architectural forms). Legal protection is also not provided to solutions whose features are conditioned by technical function alone, those that discord with the principle of humanity and morals or specious solutions.
The patenting process takes place in several stages:
- First, a patent search is carried out to check the product for uniqueness, as well as to identify similar products.
- Compilation of application and filing an application with the Patent Office. Proper compilation of application has a very strong effect on final results. It largely determines the decision on issuing of a patent or denial. This stage requires payment of all the state duties.
- Then an examination as to form is carried out by Rospatent to check the satisfactory form of documents. On discovering any inaccuracies, the applicant is asked to make changes.
- The most significant and the longest stage is substantive examination. After this the final decision on patentability of article of manufacture is made. The applicant receives an expert opinion or decision on denial.
- Issuance of patent.
A patent for an design invention assigns an exclusive right, affiliates authorship and priority. Duration of patent for design invention is 15 years given the chance of prolongation for 10 more years. Effect of patent may be terminated in the event of failure to pay a patent maintenance fee.
The rights for industrial invention can be sold, transferred or licensed out which is subject to mandatory state registration in the Patent Office and publication in official edition. A patent infringer is any private person or juristic person who uses a patented design invention.