Anne Ryan & Co. prepare
and file Irish and Community design applications on behalf of
our clients and prosecute them through to registration.
A registered design is a monopoly right for the appearance of
the whole or a part of a product resulting from the features
of, in particular, the lines, contours, colour, shape, texture
or materials of the product itself or its ornamentation.
To qualify for registration, a design must:
| Be new, which means that it must not be the same as
any design, which has already been made available to the
public; |
| and |
| Have individual character, which means that the overall
impression it produces on an informed user of the design
must differ from the overall impression produced on such
a user by any design, which has already been made available
to the public. In assessing individual character, the
degree of freedom of the designer in creating the design
is taken into account. |
The following is the information required for filing
an application in Ireland:
| The name, nationality and address of the applicant.
|
| The name, nationality and address of the author (i.e. creator) of the design. If the author is not the applicant then particulars of the transfer of the design rights from the author to the applicant are also required. |
| Representations of the design are required. They can
be either drawings or photographs, and any number may
be submitted. Where more than one view is submitted, each
view must be on a separate page and be identified as a
perspective view, front view, side view, etc. |
The initial duration of a registered design
is five years, and upon payment of renewal fees, further periods
of five years are available to a maximum of twenty five years.
For recordal of an assignment we require a certified copy
of the Deed of Assignment or other instrument of transfer
signed by all parties thereto. We can attend to the certification
of the document when taking the action to record the assignment.
No notarization or other legalization is required.
An Authorisation signed by or on behalf of the Assignee is
also required and the Patents Office will not record the assignment
until the Authorisation is filed. General and specific Authorisations
are available on this website under "Forms".
If the assignment took place prior to April 1, 2004, the
issue of stamp duty arises and you should contact us in this
regard, if you require further information.
For recordal of a change of name, we require a copy of an
extract from a Commercial Register, Register of Companies
or other authority evidencing the change.
For recordal of a merger we require a certified copy of the
Deed of Merger or other instrument evidencing the merger.
We can attend to the certification of the document when taking
the action to record the merger. No notarization or other
legalization is required.
For recordal of a licence we require a certified copy of the
Licence Agreement. We can attend to the certification of the
document when taking the action to record the licence. No
notarization or other legalization is required.
No documentation evidencing the change of address is required.
An Authorisation signed by or on behalf of the new legal entity
is required.
A change of name, address or legal status sought in connection
with a pending application is viewed as an amendment of the
application by the Patents Office.
Please contact us should you require information relating
to any of the above before OHIM, an International Registration
or any country not covered by a Community Design Application
or an International Registration.
The language used by the Irish Patents Office is English.
Please note in the case where a document in a language other
than English is to be filed at the Irish Patents Office a
verified English translation is required.
All that is required is a simple translator's
certificate, and no notarisation or other legalisation
is required.
Please view our Forms page for other
relevant Design Forms.
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