Details Design Registration Switzerland
The industrial design right will be established through a registration. The term of protection will be five years calculated from the date of filing. In certain cases the protection starts 6 months before the actual application date (f.e. if an application for an industrial design patent in a foreign country has been filed within the last 6 months and the priority of this foreign application is claimed). The term of protection can be renewed for two times to a maximum of 15 years. For the renewal a formal application as well as a payment of an official fee is required.
The industrial design right is an unexamined industrial property right. The office nor we will examine the novelty and individual characteristic of your design. After the publication of your design an opposition can be filled by a third party. Novelty and the individual characteristic of the design will statutorily be presumed because of the registration. These provisions will optimise your legal possition: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.
For the registration of a design you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- up to 7 images showing only your product in front of a neutral (white) background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom,top, left, right view etc.);
- contact details of the client;
- contact details of the owner of the industrial design right;
- name of the person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior patent design application in an foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services:
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design is has novelty and individual characteristics);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate(if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Usually the drawings and images of the design has to be produced by the client. But we also prepare (new) drawings or align the drawings in order to meet the formal filing requirements. If you follow our advice we do not anticipate any office actions. Nevertheless it is possible that the patent office will not accept the reviewed views or drawings and issues an office action In this case the response to the office action will cause more efforts. You will be informed about the office action and you will be enabled to mandate us to represent you in this proceeding. Insofar we may need the assistance of a professional drawer to conform your drawings to the patents office demands. The fees charged by the professional drawer are not included in our offer.