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Intellectual Property :: 


INDUSTRIAL DESIGNS

Industrial designs are comprised by industrial models and industrial drawings that are tri-dimensional or bi-dimensional forms, which incorporated into a utility product, giving it a special appearance, making it capable of serving as type or model for its manufacture.
According to our legislation, the industrial models and drawings are protected by means of a registration certificate.

 

Essential Requirements

An industrial model or drawing must be new and original to be protected.
Novelty must be universal, which means that it has not been revealed to the public or that same has not been made accessible, in any part of the world, whether it is through tangible publication or by sale or marketing.
The industrial model or drawing is not considered a novelty if it presents minor or secondary difference with respect of others previously, nor if it refers or applies to other types of products.
Industrial models or drawings which use is contrary to the public order or ethics, will not be registered.

 

Filing requirements

A Power of attorney with Assignment1 signed by the inventors and applicants, notarized by a Notary Public and duly authenticated by means of an Apostille or by the Consulate of the Republic of Panama.

If the Applicant is a legal person or entity, a document issued by the proper governmental authorities (Register of Companies) in the country or state of origin of the applicant, certifying the legal existence (Certificate of Good Standing) of the applicant. This document must be duly legalized by a Consul of Panama or by the seal of the Apostille, if appropriate.

A description of the model or industrial drawing must include the following:

[a] An introduction indicating the industrial objective of the application in reference.

[b]
A brief description with reference to the graphical reproduction of the model or industrial drawing in mention.

[c]
This description must indicate the essential characteristics of the model or industrial drawing, that contribute the originality and novelty that distinguishes it giving it an appearance.

  • A graphical representation of the model or industrial drawing that must include; a lateral vision, a front, elevation and plan, or isometrical.
  • Photographs or digital image of the model or industrial drawing can also be included.
  • A certified copy of the priority document, with the Spanish translation, if pertinent. No legalization is necessary. This document can be presented within the three (3) months, beginning as of the date of filing of the application in Panama.

 

Registration procedure

Our Industrial Property national legislation grants a period of fourteen (14) months, beginning on the date of filing of the application or the date of priority, to request before the Patent Office the execution of the international research of the model or industrial drawing, to execute the novelty test.
Publication of the model or industrial drawing will take place after a period of 18 months counted as of the date of filing of the application or the priority date.
Within the period of two (2) months, counted as of the date of publication, anyone interested may file before the competent courts an opposition against the registration of the industrial design application.
If no opposition are filed, the industrial model or drawing is granted.

 

Payment of registration fees for Industrial Designs

The register of an industrial model or drawing is for 10 years counting from the filing date and can be renewed for an additional term of five years.
The first payment will be done at the moment of filing the application and the next payment, after five years counting from the date of filing the application. The payment can be done at any moment before the expiration of the respective quiquennial. Our legislation will provide a grace period of three months for the payment of register fees for industrial model and drawings, starting from the date in which the fee payment should have been done.

 

Chart of the Registration procedure of Industrial designs

 

 
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