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
- 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
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.
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).
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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
- 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
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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
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.
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Frequently Asked Questions
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?
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
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.
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