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INDUSTRIAL DESIGNS
Industrial
designs are comprised by industrial models and
industrial drawings that are tri-dimensional or
bi-dimensional forms, which incorporated into
a utility product, giving it a special appearance,
making it capable of serving as type or model
for its manufacture.
According to our legislation, the industrial models
and drawings are protected by means of a registration
certificate.
Essential
Requirements
An
industrial model or drawing must be new and original
to be protected.
Novelty must be universal, which means that it
has not been revealed to the public or that same
has not been made accessible, in any part of the
world, whether it is through tangible publication
or by sale or marketing.
The industrial model or drawing is not considered
a novelty if it presents minor or secondary difference
with respect of others previously, nor if it refers
or applies to other types of products.
Industrial models or drawings which use is contrary
to the public order or ethics, will not be registered.
Filing
requirements
A Power of attorney with Assignment1 signed by
the inventors and applicants, notarized by a Notary
Public and duly authenticated by means of an Apostille
or by the Consulate of the Republic of Panama.
If the Applicant is a legal person or entity,
a document issued by the proper governmental authorities
(Register of Companies) in the country or state
of origin of the applicant, certifying the legal
existence (Certificate of Good Standing) of the
applicant. This document must be duly legalized
by a Consul of Panama or by the seal of the Apostille,
if appropriate.
A description of the model or industrial drawing
must include the following:
[a]
An introduction indicating the industrial
objective of the application in reference.
[b] A brief description with reference
to the graphical reproduction of the model or
industrial drawing in mention.
[c] This description must indicate
the essential characteristics of the model or
industrial drawing, that contribute the originality
and novelty that distinguishes it giving it
an appearance.
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A graphical representation of the model or
industrial drawing that must include; a lateral
vision, a front, elevation and plan, or isometrical.
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Photographs or digital image of the model
or industrial drawing can also be included.
- A
certified copy of the priority document, with
the Spanish translation, if pertinent. No
legalization is necessary. This document can
be presented within the three (3) months,
beginning as of the date of filing of the
application in Panama.
Registration
procedure
Our
Industrial Property national legislation grants
a period of fourteen (14) months, beginning on
the date of filing of the application or the date
of priority, to request before the Patent Office
the execution of the international research of
the model or industrial drawing, to execute the
novelty test.
Publication of the model or industrial drawing
will take place after a period of 18 months counted
as of the date of filing of the application or
the priority date.
Within the period of two (2) months, counted as
of the date of publication, anyone interested
may file before the competent courts an opposition
against the registration of the industrial design
application.
If no opposition are filed, the industrial model
or drawing is granted.
Payment
of registration fees for Industrial Designs
The
register of an industrial model or drawing is
for 10 years counting from the filing date and
can be renewed for an additional term of five
years.
The first payment will be done at the moment of
filing the application and the next payment, after
five years counting from the date of filing the
application. The payment can be done at any moment
before the expiration of the respective quiquennial.
Our legislation will provide a grace period of
three months for the payment of register fees
for industrial model and drawings, starting from
the date in which the fee payment should have
been done.
Chart
of the Registration procedure of Industrial designs
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