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Industrial Design Patentability Criteria

According to Article 1352 of the Civil Code of the Russian Federation protectable industrial designs include the designs of industrial or handicraft products.

The industrial design shall be legally protected, if it meets two protectability criteria:

- Novelty;

- Originality.

  • The industrial design is deemed novel, if the data on it are not published in any international public sources before the priority date.
  • The industrial design is deemed original, if its design is of creative and unique nature, in particular, if the information on a similar solution is not published in any international public sources before the priority date.

When deciding on the novelty and originality of the industrial design, the relative body shall consider all applications for inventions, industrial designs, service mark and trademark state registration applications submitted in the Russian Federation by other entities together with public documents accessible by any person that were given priority on the earliest dates.

Legal protection is not provided to:

  1. Solutions with all features attributable to technical functions of the item only. Such solutions refer to scientific and technical area (inventions, utility models) and are not design solutions.
  2. Solutions which may mislead consumers of the item in terms of manufacturer, place of manufacture or goods, for which the item serves as packaging or labelling.