INDUSTRIAL DESIGN FAQ
What is an industrial design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
In order to be protected,industrial designs should be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected.
Why is it important to register an industrial design?
The owner of a registered industrial design has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
Why should I register my industrial design immediately?
Under the present “first to file” system, the date of filing is very important because it determines, in case of a dispute with another applicant for the same or similar industrial design (or utility model), who has the prior right and is therefore entitled to the registration of the industrial design.
What may & may not be registered?
In order to be registrable, an industrial design must be a new or original creation.
The following industrial designs shall not be registrable:
(a) Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;
(b) Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and
(c) Industrial designs which are contrary to public order, health, or morals.
What are the industrial design application requirements?
Scanned/electronic copy of the specification as well as the drawings preferably in PDF form
A. Three (3) filled out Industrial Design Application Form
B. Attach the following:
Specification and description of the industrial design in PDF format:
- The Title
- Brief explanation of the drawings
- Characteristic features (if any)
- An omnibus claim for industrial design: “I claim the new and ornamental design for a ______ substantially as shown and described.”
Drawings of the industrial design
How much is the filing fee of the industrial design registration?
- P1,737.2 (Small entities with 100M worth of assets or less)
- P3,636 (Big entities with more than 100M worth of assets)
Note: Filing Fees are inclusive of 1% Legal Research Fund (LRF). Other charges may apply depending on the progress of your application
What are the modes of payment?
Proceed to the IPOPHL cashier, at the ground floor.
- Direct payment to the IPOPHL cashier
- Online payment through Dragonpay
Choosing how to pay the application is included in the last step of the e-Filing system.
How will I know if my online application was received by IPOPHL?
An electronic copy of the Statement of Account (SOA) and PDF copy of the application form will be sent to the email account of applicant or agent, in real time.
Who to contact regarding my industrial design application?
Please call (02) 238 6300 local 3101, 3201