Organization : Intellectual Property Corporation of Malaysia
Facility : File Industrial Design
Country : Malaysia
Website : http://www.myipo.gov.my/en/apply-for-industrial-design/?lang=en#filing-industrial-design-online
Filing Industrial Design :
IP Online Portal provides filing of new Industrial Designs application, which consists of ID Form 1 to ID Form 14. Other related & supporting documents can be uploaded as attachments during the filing process.
Related : File Trade Mark Online Malaysia Intellectual Property Corporation : www.statusin.org/29302.html
Preparation before getting started :
** Prepare all documents in digital format (GIF, TIFF, PDF or DOC).
** Please ensure that your Industrial Designs representation is in GIF format with a size of not more than 100KB and 120×90 pixels.
** Prepare your Statutory Declaration in scanned format e.g. TIFF or PDF.
** Please ensure that your attachments are in these formats: DOC, PDF and TIF
** Prepare your long List of Goods in a DOC file to be uploaded to IP Online Portal
** Get your own Digital ID from MyIPO
** Install your digital ID into your PC or save it to your secondary storage device e.g. thumb drive
** Digital ID must be attached to your application.
** Proceed with the payment. Check the fees in Pricing Scheme table.
** Print your Confirmation page upon successful filing.
FAQs :
1. What is an industrial design?
An industrial design is the overall appearance of an article or a product. The design may consist of three dimension features such as the shape and configuration of an article, or two dimension features, such as pattern and ornamentation.
The design features must be applied to an article by an industrial process or means of which, the features in the finished article gives it a unique appearance.
2. What is non-registrable design?
(i) It does not have a clear aesthetic appearance.
(ii) It is a method or principle of construction.
(iii) Designs features dictated solely by function.
(iv) Integral parts which consist features that dependent upon the appearance of another article.
(v) Differs only in immaterial details or in features commonly used in the relevant trade (trade variants).
(vi) The designs those are contrary to public order or morality.
3. How to file an application for registration of an industrial design?
Requirement to file an application for registration :
(i) A completed application form ID Form 1 in English or RBP 1 in Malay.
(ii) Six set of representations of the article either photograph or drawing.
(iii) A statement of novelty in respect of the industrial design to which the design is applied. However for registering wallpaper, lace or textile, the statement of novelty can be attach separately in the following page.
(iv) Payment in full of the appropriate filing fee.
(v) Statement justifying applicant’s right should be filed if the applicant is not an author.
4. When an application should be filed?
As claims are based on rules of ‘first to file’, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will eliminate the novelty of the design. Extreme care should be exercised to ensure secrecy of the design.
5. Who can apply for design registration?
Only the owner of the design may apply to register the design. The owner may authorize an agent to file an application on his behalf.
Where an applicant’s ordinary residence or principal place of business is outside Malaysia, the applicant shall appoint an agent registered in the Register of Industrial Designs Agent.
6. What is the duration for registering an industrial design?
An application will be registered within 8 months from the date on which a completed application form, documents and prescribed fees are received.
The duration could be extended to 14 months due to non compliance of requirements such as incomplete documents and fees not paid.
7. What is the duration for protection?
A registered industrial design is given an initial protection period of 5 years from the date of filing and is extendable for a further four consecutive terms of 5 years each. The maximum protection period is 25 years.