Registering an industrial design in the US – Any company that owns an industrial design and intends to expand its business in the US market should use the US intellectual property system. It is paramount for businesses to file an industrial design application in the U.S. for industrial designs, even if the launch of the respective product in the US market has not yet commenced.
Requirements for industrial designs registration application 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;
- name, address, and nationality of the applicant (if priority is claimed on previously submitted applications);
- industrial design name;
- industrial design description;
- information on priority rights (if any);
- Drawings of designs.
There is no deadline for filing a Power of Attorney (POA) in an industrial design application. However, it is necessary to submit this document before a decision on granting an industrial design patent is made. A copy of the POA is a required document when registering an industrial design in the United States, there is no need to legalize or notarize this document.
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 U.S. Patent Office must go through both formal and substantive examinations. The substantive examination should be requested at the same time as the application is submitted.
Term of validity 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.
Represented by an industrial design registration attorney
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.
You can find list of United States IP Firms here.