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Design Patent Filing

What is the difference between a trademark and a design patent?

A trademark protects your brand identity (logo, name, slogan) to prevent consumer confusion. A design registration (patent) protects the ornamental appearance of the product itself (shape of a bottle, pattern on a dress). While a logo can be a trademark, the shape of the product bearing the logo is protected by design rights.

Is my Georgian design registration valid globally?

No, IP rights are territorial. A registration with Sakpatenti protects your design only within Georgia. To protect it internationally, we can file a single application under the Hague System, covering multiple countries (including EU, USA) at once, based on your Georgian priority date.

Can I protect the design of a mobile app?

Yes, User Interfaces (UI), icons, and screen layouts can be registered as industrial designs. This prevents competitors from cloning the visual experience of your app, even if the underlying code is different. It is a powerful tool for software companies alongside copyright.

What happens if I already sold the product before registering?

In Georgia, you have a 12-month "grace period" after the first public disclosure of your design to file for registration. If more than 12 months have passed since you revealed or sold the product, the design loses its "novelty" and cannot be validly registered.

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Registration of a Design (often referred to as a "Design Patent" internationally) ensures legal protection for the visual aspect of a product—its appearance, shape, ornamentation, or color combination. Unlike an invention patent which protects technical function, a design registration protects aesthetic value. In today's market, where consumers often choose products based on visuals, design protection is a critical component of business success. A registered design grants the owner exclusive rights for up to 25 years (renewable every 5 years) and allows them to prohibit the production of products with identical or similar appearances. This service covers preparing and filing applications with Sakpatenti, which requires specific product representation and classification. An incorrectly registered design can be easily bypassed by competitors, making professional involvement essential.

What Does Design Filing Service Cover?

Specialists ensure the full registration cycle:

  • Design Search: Preliminary search in registered databases to determine if your design meets the criteria of "novelty" and "individual character."
  • Visual Material Preparation: Preparing product photos or drawings according to Sakpatenti standards (various angles, details).
  • Application Drafting: Determining the product class according to the Locarno Classification and filling out the application.
  • International Registration: Protecting the design outside Georgia using the Hague System.
  • Prosecution: Responding to Sakpatenti examiner inquiries and correcting deficiencies.
  • Deadline Monitoring: Monitoring renewal deadlines.

Real-World Scenarios Where You Need This Service

Design protection is relevant in many industries:

  • Furniture Manufacturing: You created a chair with a unique shape. If unregistered, competitors will easily copy it.
  • Packaging and Labeling: A distinctive wine bottle shape or original label graphics are your brand's signature for consumers.
  • Digital Products (UI/UX): Mobile app interfaces, icons, and graphic elements are also subject to design protection.
  • Clothing and Accessories: In the fashion industry, protecting a clothing pattern or bag shape is critical for seasonal collections.

Georgian Legal Framework and Regulations

The field is regulated by the Law of Georgia on Design. According to the law, a design is eligible for protection if it is new (no identical design has been made available to the public) and has individual character (creates a different overall impression on an informed user). Registration is conducted by Sakpatenti. It is important to note that the law provides a 12-month grace period for authors, allowing them to register the design within one year of disclosure.

Service Process Step-by-Step

The registration process is simple with professional help:

  1. Consultation: Assessing the design and selecting a strategy.
  2. Image Processing: Preparing high-quality drawings or photos clearly showing the essential features of the design.
  3. Filing: Submitting the application in compliance with formal requirements.
  4. Examination: Sakpatenti checks the design for novelty (substantive examination).
  5. Registration and Publication: Upon a positive decision, the design is registered, and a certificate is issued.

Why Choose Legal.ge?

In design registration, the key is the correct presentation of visual materials, as this defines the scope of protection. Legal.ge gives you access to experts who know how to protect your product's aesthetics so that competitors cannot mimic it with minor alterations.

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