Design Registration Papua New Guinea

Design registration in Papua New Guinea

Here you can mandate us to obtain design protection in Papua New Guinea.

We will prepare and file your design application in Papua New Guinea and inform you about the progress of proceeding. Our offer includes the fees of the intellectual property office for the application, publication and registration of your design.

A registered design right in Papua New Guinea will be established through a registration. It must be new and original.

The maximum term of protection in Papua New Guinea is 15 years provided the registration is renewed 2 times for periods of 5 years each.

The first term of design protection in Papua New Guinea will be calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Papua New Guinea and if the priority of this foreign application date for the new application in Papua New Guinea was claimed.

The registered design in Papua New Guinea is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design.

An industrial design is new or original if it has not been disclosed to the public, anywhere in the world by publication in tangible form; or by use; or in any other way, prior to the filing date, or, where applicable, the priority date of the application for registration. The disclosure to the public of an industrial design shall not be taken into consideration insofar where it occurred within 12 months preceding the filing date or, where applicable, the priority date of the application; or it was by reason of, or in consequence of, acts committed by the applicant or his predecessor in title, or of an abuse committed by a third party without regard to the applicant or his predecessor in title.

The right to the registration of an industrial design belongs to the creator. Where two or more persons have jointly created an industrial design, the right to registration of that industrial design shall belong to them jointly. Where an industrial design is created in execution of an employment contract, the right to the registration shall belong, in the absence of contractual provisions to the contrary, to the employer.

Opposition cannot be filed by a third party in Papua New Guinea during registration process.

In Papua New Guinea multiple design application are possible. Two or more industrial designs may be the subject of the same application, provided they relate to the same class of the international classification or to the same set or composition of articles.

An applicationmay contain a declaration claiming a right of priority, as provided for in the Paris Convention, of one or more earlier national, regional or international applications filed by the applicant or his predecessor in title in or for any State which is a party to the Paris Convention or a member of the World Trade Organisation.

The patent office will issue to the applicant a certificate of registration of the industrial design if it is accepted.

For the registration of a design in Papua New Guinea you need:

- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);

- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.

- contact details of the client;

- contact details of the to be registered owner of the design right and

- if the registered owner shall be a juristical person we need a copy of the commercial register;

- name of the natural person(s) who created the design;

- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;

- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.

If you engage us we will render the following services :

- Preparation of the filing including selection of the classes of goods (Locarno-classification);

- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);

- requesting additional documents or new images;

- legal advice with regard to the filing process and documents;

- sending the prepared filing details to you for review;

- Filing the application at patent office;

- Representation of the applicant in front of the office;

- Payment of the office fee (application fee, registration fee, publication fee);

- Transmission of office documents as well as the letter confirming the application;

- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;

- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;

- Receipt and transmission of all documents sent from the patent office after the registration;

- docketing and deadline, renewal time monitoring.

Our offer does not include services in regard to oppositions or office actions.