Design registration, in Italy and abroad

In order to be registered as a patent, a design must have novelty and individuality. Registration occurs through submitting an application for registration to the competent offices, which vary according to the territorial area of protection required (national, European community or international). The right is normally granted following an examination of the prior art and publication of the application.

Registration allows the holder to protect their design from infringement by third parties before the courts with jurisdiction over the territory for which the design right was granted. Further, when a client applies for protection in Italy at the UIBM, Jacobacci & Partners can then assist the client to expand protection throughout the EU with a request to EUIPO, or to expand protection to other foreign countries by submitting an application to WIPO.

A design registration with dubious validity, or failing to file for design protection within the statutory time limits, means the client is vulnerable to a lack of protection for its innovation and will not have rights to assert against infringers. As obtaining protection for a design is time sensitive, clients are advised to seek professional advice as soon as possible to avoid losing a true corporate asset.