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Designs

Delivery is required to register the design:

  • Signed power of attorney in two copies
  • Illustrations of the design and its variants

Necessary actions will be performed within 3 days from the delivery of the power of attorney if no later registration is required due to other industrial rights

Our services in the given proceedings include:

  • Classification according to the Locarno Classification of International Designs
  • Processing and submitting a design application
  • If necessary, preparation of a contract between the originator and the applicant
  • Payment of administrative fees under the Act on Administrative Fees


Design: What is it?

It is considered to be a design - the exterior of the product, ie a planar or spatial arrangement consisting mainly in shape, outline, drawing, or arrangement of colors or a combination of these features, which is new and therefore not such a design before the applicant's right of priority, known in the Slovak Republic or abroad from publicly available sources and is industrially usable, ie according to it, products can be made repeatedly.


Design: How does the application procedure work?

By applying, the applicant has the right of priority. The Office will examine whether the application meets the conditions laid down by the Act of the National Council of the Slovak Republic no. 444/2002 on designs. If the subject of the design application meets the conditions laid down for its entry in the register of designs, the Office shall enter it in the register of designs.


Design: What is the protection period of the registered design?

The registration of a design is valid for 5 years from the date of submission of the design application. The period of validity of the registration of a design shall be extended by the Office no more than four times, each time for a further five years.


Design: What are the rights of the owner?

The owner of the design has the exclusive right to use the design, to give consent to the use of the design to other persons, or to transfer the design to them.


Design: What are the other facts about design?

If the originator has created a design for the performance of a task in an employment relationship, the right of the originator to apply design shall pass to the employer unless the contract provides otherwise. The right of origin is not affected.

If the design rights belong to several persons (hereinafter referred to as "co-owners"), the relations between them are governed by the general rules on co-ownership.

The Office shall rewrite the certificate of registration of the design to the person whom the court decides to be the originator of the industrial design.

Consent (license) to use the design protected by the certificate is granted by a license agreement.

The design is transferred by a written contract, which takes effect against third parties by an entry in the register of industrial designs.

At the request of the design owner, the notice of registration of the design in the Gazette shall be postponed.

The Office may grant the right of priority for objects exhibited at exhibitions organized in the Slovak Republic from the time when these objects were introduced into the exhibition, provided that the exhibited object will be registered as a design within three months after the end of the exhibition.

The international registration of a design can be made in the following ways:

1. Registration directly with national offices through local patent attorneys

The fee consists of parts:  

  • administrative fees (country-specific)
  • payment for translation of submission + postage
  • payment for patent representation services (depending on the specific country)


2. Through the Office for Harmonization in the EU Internal Market (OHIM)


European Community design - valid in all EU countries

The fee consists of parts:

  • OHIM fees
  • Representative fees



Act no. 444/2002 Coll. about designs