Specialized attorneys in America & Canadá since 1929
We advise on the best strategy to protect your regional Design portfolio and manage the filing of your Industrial Designs, be them single designs or multiple ones, pursuant to each country’s regulations. We can handle your complete portfolio with just one executed Power of Attorney, which will significantly save you both time as well as legalization costs.
Filing your design applications in all American countries through Moeller will also save you translation and draftman costs.
We combine a highly professional service with flexibility to adapt our service to your needs. We work hand in hand with a network of IP agents throughout the continent, so you do not need to deal with several IP lawyers in different countries at the same time. You only need to send your instructions and documentation, and we will do the rest!
Our in-house draftman can prepare your technical drawings for filing your industrial design. He works hand in hand with our highly qualified engineers specialized in Industrial Designs, who prepare the description and adapt the drawings according to the requirements of each jurisdiction. Besides, the same engineer prosecutes your Design family at PTOs or courts in the whole region.
Furthermore, we take care of the payment of maintenance fees during prosecution wherever applicable and renewal fees after the design has been granted.
Moreover, we conduct equivalent searches of pending or granted designs of interest throughout America and we answer all your queries about registrability and infringement.
You can consolidate the American region with one single agent by the mere execution of only one Power of Attorney (POA).
We make the filing process as straightforward as possible: you can file in multiple countries with a single instruction and only one translation of your application, and you will receive all necessary additional documentation (assignments, PoA) ready for signing and executing.
Be it a filing, a patent search, or just the payment of an annuity fee, we will provide our best service quality and support. We adapt our service to your needs and not the other way around.
Our team of patent paralegals, under the supervision of two team managers, works hand in hand with our network of colleagues to guarantee the high quality of our services and our dedication to our clients’ IP rights.
We offer our professional support in case for office actions, oppositions, or rejections from the PTOs’ Examiners. Only one specialised Engineer prosecutes your Patent family to achieve granting.
Confidential information that our customers provide is kept in databases located in two different datacenters in Germany. This ensures the safety and 24/7 accessibility of the data, based on the highest standards of the industry with the latest technology.
For us, physical and digital protection is a must. Our rooms where sensitive documents are stored are locked and we apply several security measures for our employees to access important databases.
We train our employees in the proper handling of IP.
SUBSERVICES OF THE PATENT DEPARTMENT
Moeller IP’s Patent Attorney Department also offers:
Drafting of industrial drawings
Transfers of ownership
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MOELLER’S INDUSTRIAL DESIGN PROCESS
How our patent paralegals and Engineers perform the registration process
We receive your instructions and the process starts. We revise all documentation and let you know which documents are necessary. As we work hand in hand with a network of IP agents throughout the continent, we take care of all filing arrangements, such as formal requirements.
Once the application is file, we keep monitoring the proceedings to inform you of any additional requirements, and the corresponding upcoming deadlines and payments.
For those countries in which designs are examined, we report all office actions to you with a summary of the examiners’ remarks and a complete technical analysis with comments and suggestions for responding. One specialised Engineer prosecutes your complete Design family.
We work hard to obtain your Design Registration, and we forward the Certificate to you once it is issued.
SOME OF OUR CLIENTS WHO ENTRUST US WITH THEIR PATENTS
Specialiced patents attorney in America
Is my invention patentable?
In general terms, there are three conditions that must be met in order to obtain a patent:
What is an industrial design?
In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or colour.
What are the requirements for obtaining industrial design protection?
The requirements vary from country to country, but in general designs must fulfil the conditions of novelty and/or originality.
In general, an industrial design is considered to be new or novel if it has not previously been disclosed to the public. Further, it may be considered original if it significantly differs from known designs or combinations of known design features.
How long does industrial design protection last?
The duration of the protection of industrial designs varies from country to country, but it amounts at least to 10 years. In many countries, the total duration of protection is divided into successive renewable periods.
What products can be protected through and industrial design?
Industrial designs are applied to packages and containers, electronic devices, lightling equipment, furnishing and household goods, textiles, among many others. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos. The products that can benefit from industrial design protection vary according to each country’s regulations, so it is important to request expert advise for each particular case.
What kind of protection does an industrial design right offer?
The owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
When shall the application be filed?
In general, it is crucial to file an application for registration or for the grant of a patent before publicly disclosing it, so as to avoid destroying its novelty and/or originality. If the industrial design has already been disclosed to the public, it may become part of the public domain. Some countries, however, allow for a “grace period” to file after disclosure of the industrial design and it provides a safeguard for applicants who have disclosed their industrial design before filing an application.
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