Examination and Validity

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Registrable Designs and Application Requirements
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DateTime:
December 8, 2009 1:07 PM

Q 1: Is it necessary to file a Request for Examination for a design application?

Q 2: How long does it take to obtain a design registration?

Q 3: What is the duration of the design right?

Q 4: What is the scope of the Design Right?


Q 1: Is it necessary to file a Request for Examination for a design application?

A No. Any design application that complies with the formality requirements is examined automatically.

 

Q 2: How long does it take to obtain a design registration?

A Currently, design applications are granted 6-10 months after filing. The applicant can also request an Accelerated Examination in which case a first office action will be issued in about one month.

 

Q 3: What is the duration of the design right?

A The design right is valid for 20 years from the date of registration, provided that annuities are paid each year to keep the registration in force. No extension of the protection period is allowed.

 

Q 4: What is the scope of the Design Right?

A The Design Right protects not only the registered design but can be expanded to similar designs that were put on the market after the design is registered.