Ornamentals Design

The ornamental design or model refers to the design of a product and is expression of a creation of an aesthetic nature that can be protected in order to oppose imitative phenomena.

The ornamental model may be protected through its registration in order to obtain a patent, is a valid tool to be used in the field of design, fashion and in those areas where the careful study of the lines and shapes plays a primary role. Pattern clothing, accessories, jewelry, home furnishings and, in general, all the design articles may be object of ornamental model registration. The "novelty" and "individual character" are legal requirements which are essential for a valid registration. It should be clarified that it is allowed to file a single application for registration of multiple designs (multi-model). It is also allowed to file a patent application for community or international ornamental model as well as a national one for foreign countries. The registration of the ornamental model patent has a duration of 5 years and may be renewed for a maximum of 25 years. The owner can use its ornamental model on the market of interest commercializing its product, granting licenses to third parties or assigning its exclusive right against cash consideration. The owner may also forbid third parties to copy, produce or commercialize without his consent the ornamental model in the countries where the patent is valid, being able to act in the competent courts to protect his right.

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