특허법인 남앤남

FAQ

01. What are the required documents to file a design application?

i) Application form stating applicant’s name/address, the date of submission, the name of the article on which the design is embodied, the claim, and the priority data.
i) Drawings of the design; Priority document; POA.

02. Is there a grace period system in respect of registered designs?

Yes. If a design was disclosed prior to filing date of a design application, a grace period system can be applied, and it refers to a claim for exception to loss of novelty.

04. At what stage is the design application published?

After registration, the application is published.

07. Are typefaces protected?

Yes. They may be protected as design right, if they have three drawing sets; i) designated characters (52 alphabets), i) exemplary characters (36 alphabets) and i) representative characters (6 alphabets).

08. Is it permissible to file a multiple design application?

Yes. Up to 100 design embodiments may be included in a single application, provided they fall under the same Locarno class.

09. Is it possible to obtain design protection for a part of an article?

Yes. The part to be protected must be depicted with solid lines, and other non-protected parts in dashed lines.

11. Is it permissible to use a photograph instead of a drawing when filing a design application?

Yes. But, the photograph should clearly illustrate the design and have a plain background and no shadows.

12. Is it permissible to amend any design after filing an application?

Yes, until before a notification of provisional refusal is issued.

15. Is novelty examination carried out as part of the registration process?

Yes. But, novelty is not examined for a design of an article subject to partial examination, which fall under Locarno classes 1, 2, 3, 5, 9, 11 and 19. Nevertheless, if an Information Brief regarding lack of novelty of a design application is filed by a third party, novelty shall be examined referring to the Information Brief.

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