|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;
|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 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.
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 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 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.
For recordal of a change of legal status, we require a copy of an extract from a Commercial Register, Register of Companies or other authority evidencing the change.
Please contact us should you require information relating to any of the above before the EUIPO or any country not covered by a Community Design Application.
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 an English translation is required. The Office retains the right to call for verification of the translation. In such cases, all that is required is a simple translator's certificate, and no notarisation or other legalisation is required.