Design Guidelines
The Design Guidelines provide detailed instructions and best practices for design applicants, agents, and examiners to ensure consistent and efficient processing of design applications.
Purpose and Scope
These guidelines aim to:
- Standardize design examination procedures
- Provide clarity on legal requirements
- Ensure consistent decision-making
- Facilitate better understanding of design protection
- Improve overall efficiency of the system
Application Guidelines
Pre-Filing Preparation
- Conduct thorough prior art search
- Ensure design novelty and originality
- Prepare clear design representations
- Determine appropriate classification
- Complete all required documentation
Form Filling Guidelines
- Use correct and updated forms
- Provide complete and accurate information
- Follow proper naming conventions
- Include all required declarations
- Attach supporting documents
Design Representation Guidelines
- Provide clear and accurate drawings
- Include all necessary views
- Use consistent scale and proportions
- Avoid functional descriptions
- Highlight novel features clearly
Examination Guidelines
Novelty Assessment
- Compare with prior published designs
- Assess worldwide novelty
- Consider grace period provisions
- Evaluate individual and overall impression
- Document assessment process
Originality Evaluation
- Assess creative contribution
- Consider designer's skill and knowledge
- Evaluate non-obviousness
- Compare with existing designs
- Document evaluation criteria
Classification Guidelines
- Use Locarno Classification system
- Consider article's intended purpose
- Assign primary and secondary classes
- Follow classification hierarchy
- Update classification as needed
Procedural Guidelines
Filing Procedures
- Follow proper filing channels
- Ensure timely filing
- Pay correct fees
- Obtain proper acknowledgment
- Maintain filing records
Communication Procedures
- Use official communication channels
- Respond within prescribed time limits
- Provide complete responses
- Maintain professional correspondence
- Document all communications
Appeal Procedures
- Follow proper appeal process
- Submit required documentation
- Pay appeal fees
- Present arguments clearly
- Comply with procedural requirements
Quality Guidelines
Documentation Standards
- Maintain complete and accurate records
- Use standardized formats
- Ensure proper file organization
- Follow archival procedures
- Implement quality checks
Service Standards
- Provide timely responses
- Maintain professional conduct
- Ensure transparency
- Offer assistance when needed
- Continuously improve services
Technical Guidelines
Digital Submission
- Use approved file formats
- Follow size limitations
- Ensure proper resolution
- Maintain file integrity
- Backup important files
System Requirements
- Use compatible software
- Maintain updated systems
- Ensure internet connectivity
- Follow security protocols
- Regular system maintenance
Best Practices
For Applicants
For Agents
- Maintain professional competence
- Provide accurate advice
- Communicate effectively
- Act in client's best interest
- Stay updated with developments
Updates and Amendments
Guidelines are regularly updated to:
- Reflect legal changes
- Incorporate new procedures
- Address emerging issues
- Improve clarity and understanding
- Align with international practices
Implementation
These guidelines are implemented through:
- Regular training programs
- Quality monitoring systems
- Performance evaluations
- Feedback mechanisms
- Continuous improvement processes