IP-Academy

Design renewal

Industrial design protection is used globally to safeguard the visual appearance of products. Once registered, a design right prevents others from copying or imitating a product’s appearance However, securing a registration certificate is just the beginning—maintaining that protection requires ongoing action.

Registered design rights are valid for a limited duration, but most jurisdictions allow renewals or extensions upon payment of prescribed fees. These renewal fees or annuity must be paid at specific intervals. Failure to comply can result in the lapse of rights.

The rules, timing, and costs associated with renewals vary widely by country or region, and managing these differences is crucial for maintaining a global design portfolio.

Country-Specific Renewal Procedures

South Korea

  • Validity:

    20 years from the filing date.
     
  • Initial Payment: Registration fee due within 3 months of receiving the Notice of Allowance; covers the first 3 years.
  • Ongoing Payments: Annual renewal fees are required from year 4 onward, paid before the anniversary of the registration date with grace period of 6 months for late payment with a surcharge.

China

  • Validity:

15 years for designs filed on or after June 1, 2021

10 years for designs filed before that date.

  • Initial Payment: Grant fee due within 2 months of receiving the Notice of Grant. This does not include annuities.
  • Ongoing Payments: Annual fees due before the filing date anniversary. A 6-month grace period is available for late payments (with surcharge). A stamp tax is also required.

United States

  • Validity:

15 years for design patents filed on or after May 13, 2015

14 years for design patents filed before that date.

  • Unlike most countries, U.S. design patents do not require renewal fees or annuities.

International and Regional Systems

Hague System (WIPO)

  • Coverage: 90+ member countries and intergovernmental organizations.
  • Initial validity: 5 years from the date of international registration.
  • Renewals: Renewable in 5-year increments, up to the maximum term allowed in each designated jurisdiction (typically 15 years total, sometimes more). WIPO sends reminders 6 months before expiration.

European Union (EUIPO – EU Design)

  • Coverage: Single application provides protection across the all EU Member states (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden).
  • Initial validity: 5 years from the date of filing.
  • Renewals: Up to four additional 5-year periods (maximum of 25 years). Late renewal is allowed within a 6-month grace period (with a surcharge).

African Regional Intellectual Property Organization (ARIPO)

  • Coverage: select African countries (Botswana, Cape Verde, Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, Saint Tome and Principe, Swaziland, Tanzania, Uganda and Zimbabwe).
  • Initial validity: 10 years from the date of filing.
  • Renewals: Renewal fees due annually on the filing date anniversary and should be paid separately for each designated country. Late renewal is allowed within a 6-month grace period.

Conclusion:

Because renewal procedures vary widely across jurisdictions, it’s essential to monitor deadlines and fee requirements closely. Failure to renew on time can result in the loss of valuable design rights. If you need advice or support with renewing your design rights, don’t hesitate to reach out for professional assistance.

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