A patent granted for industrial design is valid during 10 years from the application filing date. The term of validity may be extended upon a request of the patent assignee, but not more than for five years.
Industrial designs are included in the same Law with inventions and utility models in view of the common legal consequences provided by exclusive right. Furthermore, the procedure of obtaining a patent for industrial design has much in common with the aforesaid industrial property subject matters. Taking into account the nature of the Russian Patent Law as first of all a compilation of legal norms establishing the procedure of obtaining a patent, the reason for including these subject matters of industrial property in the single Law becomes apparent.
In accordance with the Law an industrial design is construed to be an artistic and technical solution of an article manufactured industrially or hand-made and defining its outward appearance. In order to be granted with protection, an industrial design should be new and original. Novelty should be worldwide.
Designs which outward appearance is dictated exclusively by technical function of the article shall not be recognized as patentable, similarly to architecture creations, industrial and other stationary structures, and articles contrary to public interests, humanitarian principles and morality.