The registration process is as follows:
– As soon the application is filed before the Patent Office, an examiner will be in charge of studying whether the formal requirements of an industrial design registration are met.
– If the application meets the requirements, it will be published in the Gazette of Industrial Property of that body during 30 working days for interested parties to submit an opposition against it. Otherwise, that body issues an office action requiring any missing document or clarification. If answered satisfactorily, the industrial design shall be published. If the requirement is not responded in time, the application shall be declared abandoned.
– If an opposition is filed against the industrial design application and the same has been notified, the applicant will have 30 working days to file a defense against the opposition. After the expiration of this term the examiner will proceed to examine the registrability of the sign according to the opposition and presented defense. If no opposition has been filed during the 30 days period, the examiner shall conduct the examination of registrability of the industrial design. It is noteworthy that even if no opposition has been filed, the Patent Office might consider ex officio that the applied industrial design is not eligible for registration due to prior rights or lack of novelty.
– Finally, the registrability decision taken by the Patent Office, whether the application has been opposed or not, can be appealed within 10 days of notification of the decision of denial or granting.
– Given the above, the registration process can take between 6 and 8 months if the application is not subject to opposition. Otherwise, the above-mentioned process can take 10 to 12 months.
– The industrial design is granted for a period of 10 (ten), non-renewable years.