How to Apply for Industrial Design?

An Industrial Design application must contain:

  • A completed application form (Form - ID1) in English (A request form);
  • A copy of representation of the article to which the design is applied (drawings or photograph);
  • Specimen if necessary;
  • A statement of novelty in respect of the industrial designs to which the design is applied; and
  • Payment, in full, of the appropriate filing fee

 

Number and Size of Representation and Specimen

  1. If the Industrial Design is two-dimensional, the applicant is required to submit four graphic representation or four drawings or tracings; or
  2. If the Industrial Design is three-dimensional, the applicant is required to submit four graphic representations or four drawings or tracings of each of the different sides of the Industrial Design; and
  3. A Specimen shall be of a size not exceeding [20cm x 20cm x 20cm]
  4. No graphic representation, drawing or tracing of the Industrials Designs shall exceed [10cm x 20cm]
  5. Such representations, drawings or tracings shall be affixed on four sheets of hard and durable paper of [A4 size]
  6. Drawings and tracings shall be in black ink.

Criterion for Industrial Design Registration

  • Must be New* and Original**
  • Must not be dictated by technical function
  • Must be industrially applicable and
  • It should not be contrary to public order or morality.

New* if the industrial design has not been disclosed to the public anywhere in the world by publication, exhibition, use in trade or in any other way prior to the filing date or where applicable the priority date of the application for registration. 

Original** if the industrial design significantly differs from a design or combination of design features known anywhere in the world

The following features diminish the Industrial Design from legal protection:

  • Industrial designs that do not meet the requirements of novelty;
  • Industrial designs that are considered to be dictated exclusively by the technical function of a product; such technical or functional design features may be protected, depending on the facts of each case, by other IP rights (e.g. patents, utility models or trade secrets);
  • Industrial designs incorporating protected official symbols or emblems (such as the national flag);
  • Industrial designs that are considered contrary to public order or morality.

The application is processed by the Industrial Designs Registry and if all conditions for grant of registration are met, the design is registered and certificate of registration is issued to the owner.