Any business that owns an industrial design and wants to expand in the US market should make use of the system for protecting US intellectual property. Even if the launch of the product/ service in the US market has not yet begun, businesses must file an industrial design application in the US for industrial designs.
Requirements for application for registration of industrial designs in the United States
The official language when registering industrial designs at the US Intellectual Property Office is English.
The following information and documents need to be provided in the application for registration of an industrial design in the United States:
- require registration of an industrial design in the United States;
- the name, address, and nationality of the applicant (if priority is claimed on previously submitted applications);
- industrial design title
- industrial design description;
- information on priority rights (if any);
- Drawings of designs.
There is no deadline for providing a Power of Attorney (POA) with an application for an industrial design. But before a choice is made on issuing an industrial design patent, this paperwork must be submitted. There is no requirement to legalize or notarize the POA before submitting it as part of the paperwork needed to register an industrial design in the United States. The Priority Document can be filed at any time during the industrial design registration process. The priority document must not be drafted in English or must be translated into English and submitted with the translation along with a copy of the original priority document.
The deadline for filing an industrial design application in the United States claiming priority is normally six months from the priority date. The right to file an industrial design application may be restored if the corresponding request is filed and the corresponding fee is paid within two months of the expiration of the six-month period.
Examination of an industrial design application in the United States
Industrial design applications filed with the US Patent Office must go through both formal and substantive examination. The substantive examination should be requested at the same time as the application is submitted.
Validity period and renewal of industrial designs in the United States
The grant fee for a US industrial design registration certificate must be paid three months after the date the Patent Notice is issued. Industrial designs filed for registration on or after May 13, 2015, are valid for 15 years from the date of grant. Industrial designs filed before May 13, 2015, are valid for 14 years from the date of the grant. Industrial designs registered in the United States will not require a maintenance fee.
An international applicant for an industrial design registration in the United States should perform an industrial design search in the US through a law firm or an experienced industrial design attorney.
The list of the USA IP firm can be found here.