Design

A registered design protects the aesthetics of products or of packaging that are manufactured and sold on industrial scale. The owner of the design registration has the exclusive right to exploit the design in the country of registration. For the limited time that the design registration is granted, the owner can prevent others from producing, importing, or marketing the protected design. Registration of a design has additional advantages: often, potential partners are hesitant to enter an agreement for cooperation or licensing unless they know that the right is registered, and thus protected.

We have the experience to help our clients successfully protect their designs by:

• devising a global filing strategy
• filing and prosecution of design applications in Israel and globally
• representation in design revocation procedure
• advice regarding design infringement
  

Design in Israel
It is possible to obtain a design registration and thereby protect the external appearance of a product. The product may include characteristics of shape that are functional, however the features of design that are to be protected must be new and original at the date of application, meaning the design has never before been published or sold in Israel (but may have been published elsewhere) prior to the application date for design protection.

Israel is a member of the Paris Convention Treaty which allows a foreign design application, originating in one of the member countries, to be filed in Israel within 6 months of filing the original application. It will retain the original filing date (priority date).

Design Application Requirements

• Two application forms need to be filed for each application.
• Three identical pictures from each direction of view (perspective view, bottom view, etc.) must be included with the application. The applicant should decide on the number of perspectives to be submitted in accordance with the nature of the object. Photographs or drawings should be attached and the applicant needs to indicate on each picture the direction of view.
• Priority information (where applicable): date, country and number of application.
• An address for representative in Israel.

The following documents can be submitted after filing the application:

• Priority Document (where applicable); the original document (or certified copy) and its certified English translation, if necessary, can be filed at a later date (until three months after the filing date without incurring late filing fees).

• Original Power of attorney (download here), signed by an authorized officer of applicant (can be filed until three months after the filing date without incurring late filing fees). A single Power of Attorney will suffice for all applications of applicant whether or not they are filed at the same time

Back to top 

Design Application Procedure

The registration process will usually take 9-12 months from filing an application. About 2-3 weeks after the application for registration is lodged at the Israel Patent Office (IPO), one of the application forms will be returned to the applicant with the filing date of the application and the application number.
During examination, the Patent Office conducts a search of registered designs to determine whether there are any prior applications or registrations for an identical or similar design. Under certain circumstances the Patent Office will request a novelty statement, distinguishing the novel features of the product from the commonly known features. If the Examiner has no objection or queries with respect to the registration of the design, then the application is allowed and a certificate of registration is granted.
After the registration is granted, the IPO publishes the name of the design, the class of the design according to the International Locarno Classification system, the filing date and the design's filing number. The Office may not publish any picture or likeness of the design for a period of two years following the application date. In special circumstances and upon written petition, the Registrar may permit inspection of a registered design prior to the expiration of the two years.

Initial term of registration is for 5 years from the date of application. It is possible to extend protection for two additional periods of 5 years each upon timely payment of the renewal fee. After registration any interested party may apply to the Designs Office for the revocation of a registered design on the grounds that the design was published in Israel prior to the application date, or on the grounds of lack of novelty. Israel Courts may hear revocation proceedings on other grounds.

Back to top 

Why register?
A registered design is a business asset. A well made design may attract consumers' attention to the product and serve to enhance sales. Sales for an attractively designed product will usually be larger than those of a less attractive product, especially if there is no significant difference between the products' functions. Design registration assures exclusivity. The owner of a registered design can prevent others from manufacturing, marketing, or importing products with the identical design, or one that has a close resemblance.

Can I register multiple designs?
Only one product may be registered with each application. However, if the products under the designs are of similar nature and usually used together, as a set, more than one product may be filed in one application.

What is the right timing for filing a design application?
An application may be filed as long as the design has not been published in Israel, however, the design may have been published abroad.

What would constitute a bar to the registration of my design?
Prior use in Israel, such as sale, publication or registration of a product that has a close resemblance and differs only in features commonly used in the trade from the design for which registration is sought.

Will design protection in one country, grant protection in other countries?
No. Registered design rights are obtained on a country-by-country basis. However in the European Community it is possible to protect your design with one single registration in all of the 25 member countries.

What constitutes infringement of a registered design?
The unauthorized use, such as manufacture, marketing or import of products with the identical design, or one that has a close resemblance, by someone other than the registered design owner.

Design registration or copyright protection?
Design registration and copyright protection in Israel are mutually exclusive. When a design is created with the intention of mass production, it is eligible for registration as a design and looses the benefits of copyright protection. Works or articles that are "one of a kind" and not intended for exploitation on industrial scale are protected under copyright.