Inside the Mind of a DGIP Industrial Design Examiner

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How to apply your design? firstly, register to desainindustri.dgip.go.id, filling up any data about you and your application as industrial design application is fully online. But, I am not going too detail on that, kindly follow this official guideline here (http://en.dgip.go.id/). What I am going to share, primary about (plausible) inside the mind of an DGIP examiner.

For examination purpose, substantive data (physical and technical) will be vetted. This includes type of product (e.g title and product characteristic, a whole, partial, or set of article), its usage (incl, in what classification), its structure (amount and type of application), industrial design definition, similar product in the market & DGIP, common creation and newness, and whether the design at hand is already published/used or not. In that regards, industrial design is characterized as “first to file” protection.

If from the start your application is clear and clean, this process would take up to 7 months until a granted certificate of protection.

While the design title must be in Bahasa, no English or foreign language (without any exception), product characteristic concerns about rigidity/no-rigidity. Why examiner still request us to declare the intended use of a product with our design? It is for searching purpose, if absent or unclear, examiners will be difficult to classify your design application.

If a to-be-registered design is a engineering design or only depicting technical functionality, the examiner will reject your application based on Article 1 (definition of industrial design) of industrial design laws.

A t-shirt with a picture is then claimed as color and line compositions, as you cannot claim the shape of t-shirt due to already public domain. If you have a piston with engraving design in it, it still rejected as no functionality of that engraving in a piston.

The application vs enforcement in industrial design protection will be treated different in sense that if you make an application, then examiner will only compare the similar product as comparative data for original/new determination (e.g. a rear view mirror is compared with another similar mirror, not a body of car embedded with that mirror, vice versa). In enforcement, however, the more detail or specific your design is, the more protection will you get. In that regard, it is advised that your apply each part of a product or set of article, than only applying for one set of an article.

A depiction of product should be actually representing the depiction of that product (e.g. from any angle, perspective, and reference), and don’t input any background image or surrounding of a product as this is irrelevant, preferred a pure center of interest.

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