An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.

When an industrial design is protected, the owner - the person or entity that has registered the design - is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.

Design refers to the features of shape, configuration, pattern or ornamentation which, when applied to a product, gives the product a unique appearance.

You can register a design but it must be new and distinctive.

A registered design can be a valuable commercial asset. Once your registered design is examined and certified, you have the exclusive and legally enforceable right to use, license or sell your design.

OUR SERVICES INCLUDE

• Advising on the designs, industrial and/or utility models

• Conducting designs, industrial and/or utility models searches

• Filing and prosecuting designs, industrial and/or utility models applications

• Investigating the validity of designs, industrial and/or utility models

• Defending against allegations of infringement

• Enforcing patent rights against infringers

• Negotiating and settling patent disputes

• Designs, industrial and/or utility models portfolio monitoring

REQUIREMENTS

» Request filed in the country of original.

» Priority document issued by the receiving offered of the initial request.

» To register designs, industrial and/or utility models in Costa Rica, Megamarks, S.A requires a Power Of Attorney (POA) granted by the owner.

» Documents of assigning of rights of the inventor, in case the request is filed by a third party.

» Certification of registration of the patent, once recorded in its country of origin.

The current legislations which regulate this matter are the Patent Law for Inventions, Drawings and industrial and Utility Models, and the Law for the Protection of Integrated Circuit Layouts, No. 7961 of December 17, 1999.