The furniture business in modern conditions is rapidly developing, and competition is growing. New unique furniture designs are being created and old ones are being improved. To survive in a highly competitive environment, new developments must be patented. Therefore, in any research institute or company, including furniture production, legal protection of intellectual property is important, which helps strengthen the company’s position in the market, minimizes risks and effectively uses its potential. In addition, a patent can be used as an intangible asset, transferring exclusive rights to the production of furniture under a licensing agreement or franchise, which will increase the company’s income.
An individual or legal entity can obtain a patent for a furniture product. In the case of creating a furniture sample within the framework of an official relationship, the developer transfers exclusive rights to his employer. In this case, the patent may indicate the name of the author, but its copyright holder will be the employer or company.
Furniture designs can be patented as industrial design, invention or utility model.
For example, furniture design in accordance with paragraph 1 of Art. 1352 of the Civil Code of the Russian Federation can be protected as an industrial design. However, copyright protection is not excluded at the same time.
A patent may be issued to the owner of an industrial design if the design is new and original in its essential features. In accordance with paragraph. 3 p. 1 art. 1352 of the Civil Code of the Russian Federation, essential features include those that determine the aesthetic features of the appearance of the product (shape, ornaments, combination of colors or lines, texture, etc.), and features that are determined solely by the technical function of the product are not protected.
An example of new design solutions can be considered, for example, the imitation of antique furniture in modern furniture production (types of aging furniture using textured structuring, brushing, patination using special compounds).
The patent application is sent electronically or in writing to Rospatent and includes an application, a description of the industrial design, a set of images and drawings and a receipt for payment of the state fee, as well as a power of attorney in the case of engaging a patent attorney. As a rule, the application is considered within 12 months, and the validity period of a patent for an industrial design is 5 years.
Invention patent allows you to protect innovative functional solutions developed for furniture - for example, folding beds, tables, methods of processing materials, designs, devices, new compositions used in the production of furniture.
The main criteria for the patentability of an invention are:
1. Industrial applicability;
2. inventive step;
3. novelty.
Before filing an application, a patent search is conducted to ensure that there are no analogues or similar objects.
Inventive step means that the furniture sample is unknown from the current state of the art, that is, it is new and does not contain already known circuits.
Industrial applicability implies the possibility of mass production of furniture and its use in everyday life.
After conducting a patent search and confirming that the furniture sample meets the necessary criteria, a package of documents is submitted to Rospatent in electronic or written form, which includes: an application, a description of the invention and its formula, drawings, an abstract, consent to the processing of personal data, a power of attorney for a patent attorney in case of his involvement in the work and a confirming document on payment of the state fee. Rospatent also conducts a formal examination of received documents and a substantive examination, and based on their results, a decision is made to issue a patent or refuse it.
A patent for an invention is valid for 20 years from the date of filing the application.
I would like to draw your attention to the fact that the development of an invention can be patented as an industrial design in parallel. In this case, not only the technical part of the object is protected, but also its visual component. In this case, it is enough to provide drawings, diagrams, an image of a sample and indicate the scope and methods of application.
Utility model patent is issued for the device, guaranteeing the copyright holder the exclusive right to the technology, and also helps prevent its illegal use by competitors and is valid for 10 years.
A patent for a device in furniture production, as in the case of inventions, is issued by Rospatent, and after its receipt the copyright holder receives exclusive rights to the development.
One piece of furniture or part of it can be patented as a utility model. Devices in furniture production include special mechanisms, with the help of which, for example, you can change the position of the bed for postoperative patients or for pregnant women, a device for fastening tabletops into a single rigid structure, etc.
As in the case of inventions, before filing an application with Rospatent, it is necessary to conduct a patent search to ensure that the development meets criteria such as novelty and industrial applicability and has no analogues.
The package of documents submitted to Rospatent is similar to that for an invention. The application is usually considered within 6-8 months, and the utility model patent itself is valid for 10 years.
In conclusion, I would like to add that there is no need to patent every piece of furniture or its part. It is most profitable to patent something that is of business value, is new to the market and has a future.
