FAQ - Designs
It is possible to request a deferment of the publication of the application, for a period not exceeding 6 months from the application filing date at the time of filing or immediately afterward. Otherwise, the design application as filed is published shortly after its filing on the Patent Office website.
Unregistered design protection comes into effect automatically for a period of 3 years from the date of public disclosure of the design in or outside Israel, provided that the design is new and of individual character and that it was offered for sale or distributed to the public in Israel in a commercial manner, including online, by the design owner or on its behalf, within 6 months of its public disclosure. It is important to note that there is a significant distinction in the scope of protection and the criteria for infringement between registered and unregistered designs.
- An original Power of Attorney signed (in blue ink) by an authorized officer of the applicant company, specifying his/her name and title.
- Representations (as detailed below).
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A certified copy of the priority document or DAS code for retrieval (where priority is claimed) must be presented either with the documents when filed or within two months from the date when the priority was claimed (extendable subject to payment of extension fees).
Photographs, line drawings or computer-illustrated images clearly representing the design. The representations should be of high quality, and their number should be sufficient to show the entire design from different views. Line drawings with shading may be accepted. Unclaimed parts of the design may be shown in dashed lines, blurring, coloring, or lightening.
A Registered Design is initially valid for a period of five years from the filing date of the application, and can be renewed four times in terms of five years, up to a total of 25 years.
Priority may be claimed on the basis of a prior design application filed in countries, parties of the Paris Convention, or to the WTO. Priority can only be claimed where the application is filed within six months from the date of filing of the first application.
A multiple design application may be filed, but its substantive examination will commence only after it is restricted to a single design, with a possibility to file divisional application/s for the withdrawn designs. The restriction can be performed voluntarily or in response to a restriction requirement from the Examiner.
Yes, as long as the appearance of a product or part thereof is not:
- dictated solely by the function which the product has to perform;
- intended to be connected or incorporated into another product, or where the other product is incorporated therein (‘must-match’ exception); or must be manufactured exactly in the form and dimensions in which they were produced in order for their function to be performed as stated (‘must-fit’ exception).
A grace period of twelve months prior to the effective filing date is allowed for a prior disclosure of the design originating from the applicant.
The Israel Designs Law calls for absolute novelty. This means that the design must not be identical or similar to a design publicly disclosed anywhere in the world, prior to the effective filing date of the Israeli application (please see also explanations above regarding the grace period).
A design must be new and have individual character.
“Design” means the appearance of a product or part of a product, consisting of one or more visual features, as the case may be, including contour, color, shape, ornamentation, texture or material they are made from. A product may include a system of components, packaging, graphic symbol, or screen display, and excludes typeface and computer software.
As of August 7, 2018, industrial design’s protection is governed by the new Designs Law, 2017. Design applications filed before the new law’s entry into force are governed by the old Patents and Designs Ordinance, dating back to 1924.
