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Industrial Design | Philippines

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Industrial Design

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Industrial design protection in Malaysia is governed by the Industrial Designs Act 1996 which entered into force on 1st September 1999. Prior to this date, industrial designs were protected in Malaysia by registering the design in the United Kingdom.

2. Definition:
An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.

3. Criteria:
Only industrial designs that are new or original shall benefit from protection. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected.

4. Rule of Priority:
Applications for priority have to be made within six months from the earliest filing date of the corresponding foreign application.

5. Duration and Renewal:
A design once registered is valid for a term of 5 years from the date of filing of the application and may be renewed for not more than 2 consecutive periods of 5 years each.

1. Application
Every design application has to be filed with the Intellectual Property of Philippines.

2. Examination
A formalities examination will be conducted after the issuance of a filing date to ensure formalities as to the size, quality of the representation and classification are met.

3. Objections
If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this non-compliance within a given period.

4. Registration
Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection. It takes about 2 to 3 months from the submission of the application to the successful registration of a design.

The following information and/or documents are required to file an application for an industrial design application in Philippines:-

1. A request for registration of the design:-
a) Information identifying the applicant;
b) Indication of the kind of article of manufacture of handicraft to which the design shall be applied;
c) The name and address of the creator;
d) where the applicant is not the creator, a statement indicating the origin of the right to the industrial design registration according to intellectual property protection in the Philippines.

2. Power of Attorney signed by the Applicant.

3. A representation of the design (drawings, photographs or other adequate graphic representation of the design).

4. Priority documents and certified English translation of the priority document.

Application Fees

Items Official Fees (USD) Professional Fees (USD)
1. Filing Application 89 520
2. Priority Claim 40 75
3. Preparing Formal Drawings per sheet 13
4. Issuance of Certificate 40 168
** Multiple application is available.

Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
1st extension 70 290
2nd extension 118 290

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney Signed; notarization is not required. To be translated to English (if necessary) Two months from filing date
Description of Design A specification containing the following: (a) title; (b) brief description of the different views of the drawings; (c) characteristic-feature description of the design; and (d) claim To be translated to English (if necessary) On filing date
Drawings of the different views of the design showing the complete appearance thereof including the signature of the applicant or representative To be translated to English (if necessary) On filing date
Deed of Assignment (if applicable) Notarized. To be translated to English (if necessary). (a) anytime during the pendency of the formality examination of the design application; or (b) anytime while the design registration is still active status.

Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents to be translated to English language (if necessary) Within six months from filing

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