When filling an application timing is very important, taking into account the originality requirement for industrial designs in most legislation, it is in general crucial to file an application for registration or for the grant of a patent before publicly disclosing it, to avoid destroying its originality. If the industrial design has already been disclosed [...]
Industrial designs make a product attractive and appealing to customers. 1. Design makes consumer’s choice: the appearance of a product can be a key factor in the consumer’s purchase decision. In other words, the success or failure of a product may rest, at least partially, on how it looks. Industrial designs can therefore be very [...]
If it does not have a clear aesthetic appearance. If it is a method or principle of construction. If the designs features dictated solely by function. If integral parts which consist features that dependent upon the appearance of another article. If differs only in immaterial details or in features commonly used in the relevant trade. [...]
Only the owner of the industrial design may apply to register the design. The owner may authorize an agent to file an application on his behalf if he is not able to register it.
What is the difference between the protection offered by a 3D trademark and that one offered by a drawing or design?
Designs protect the novelty and the singular character of products, while the registration of a three-dimensional trademark protects the distinctive character of the sign against other existing signs are used for the same goods or services. An original form may not register as a trademark if it does not meet the condition to be distinctive [...]
Argentina: the Argentinean PTO: The National Industrial Property Institute INPI offers online searches, but not online filings. http://www.inpi.gov.ar/conweb/Marca.asp Bolivia: The Bolivian PTO: The National Service of Industrial Property, SENAPI (www.senapi.gob.bo) does not offer registration or searching online. Chile: The Chilean PTO: The National Institute of Intellectual Property (INAPI) (http://www.inapi.cl/) offers searches and filing online. But first it is [...]
A patent holder may challenge the standing of a petitioner in the preliminary response. For example, a patent holder may provide evidence that the petitioner has filed a civil action challenging patentability prior to filing the petition or that the petitioner otherwise is stopped from challenging the patent owner's claims.
Utility patents: may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design patents: may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents: may be granted to anyone [...]
Any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement may obtain a patent fulfilling the conditions and requirements of the respective country where the person wants to file the patent. Process: The word process is defined as a process, act, or [...]
The inventor or a person to whom the inventor has assigned or is under an obligation to assign the invention, may apply for a patent. If the inventor is deceased, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is legally incapacitated, the application [...]