Design

Protection of a design or model

At Brevetti Digiovanni Schmiedt in Milan, we specialize in providing you with all the advice needed to register a design or model. Pursuant to the Industrial Property Code, a design or model (formerly 'ornamental model') implies the appearance of a product or a part of it, resulting in particularly from the characteristics of the lines, contours, colours, shape, surface structure and/or materials of the product itself and/or its decoration.

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Value lies in the individual character

When we talk about the protection of a design or model, we must consider the ornamental and aesthetic peculiarities of a product and not its functional characteristics. The novelty of a design is evaluated by comparing it to what is present in the world before the registration application is submitted or before the priority date if this is claimed. A design has an individual character if it gives an 'informed user' the impression that it is different from recognized designs.

Services regarding objects of design

By registering a design or model you can take advantage of numerous benefits. Learn about them by requesting one of the services we offer in Milan, such as:

Identification of the distinctive characteristics of the design and possible on-site inspections
Search for prior art with discernment of cases of validity of the pre-disclosure
Assistance with filing a design
Preparation and filing of national (Italian) design or model registration applications

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- Preparation and filing of applications to register a design or community model (EUIPO)
- Preparation and filing of applications to register a design or international model (WIPO)
- Preparation and filing of applications to register a design or model in individual foreign countries
- Consultation in the search for counterfeit elements of the registered form
- Priority claims
- Requests for certified copies of designs and models
- Party-appointed expert in infringement cases
- Technical support for foreign correspondents in procedures for registering designs and models
- Surveillance of the expiry of designs and models
- Transcription of documents concerning the ownership of designs and models
- Counterfeiting or non-counterfeiting opinions (also known as 'freedom to operate analysis' or 'FTO Analysis')
- Assistance in the sale and licensing of designs (models) (royalties)
- Consultation for the evaluation of designs and models to sell or grant exploitation licenses