Industrial Designs Law in Northern Mariana Islands (US)
The Northern Mariana Islands (CNMI), as a U.S. territory, does not have a separate industrial design law. Instead, industrial design protection is governed by U.S. federal law, specifically under the United States Patent and Trademark Office (USPTO).
🏛️ Legal Framework
Governing Law: The Patent Act of 1952, codified in Title 35 of the United States Code, provides the legal basis for industrial design protection in the U.S.
Administering Authority: The United States Patent and Trademark Office (USPTO) is responsible for administering industrial design rights.
🖌️ Definition of Industrial Design
An industrial design in the U.S. refers to the ornamental design of a functional item. It includes the shape, configuration, or surface ornamentation applied to an article of manufacture. To be eligible for protection, the design must be:(FRED)
Novel: The design must be new and original.
Non-obvious: The design must not be obvious to someone skilled in the art.
Non-functional: The design must not be dictated solely by the function of the article.
📝 Application Process
The process for registering an industrial design in the CNMI is the same as in the 50 U.S. states:
Filing: Submit an application to the USPTO, including:
A completed application form.
Drawings or photographs of the design.(WIPO Lex)
A description of the design.
Examination: The USPTO examines the application to ensure it meets all requirements.
Registration: If the application is approved, the USPTO issues a Design Patent.
⏳ Duration and Renewal
Term: A design patent granted by the USPTO lasts for 15 years from the date of grant.
Maintenance: No maintenance fees are required to keep a design patent in force.
⚖️ Enforcement and Legal Remedies
Owners of registered design patents have the exclusive right to:
Make, use, sell, or import the design.
License or assign the design rights.
In case of infringement, the patent owner can:
File a lawsuit in a U.S. District Court.
Seek injunctive relief, damages, and attorney's fees.
🌐 International Protection
The CNMI is a part of the United States, which is a member of the Hague Agreement Concerning the International Registration of Industrial Designs. This allows applicants to extend their design protection to other member countries through a single international application filed with the World Intellectual Property Organization (WIPO).(Wikipedia)
📌 Practical Considerations
First-to-File System: The U.S. operates on a first-to-file basis, meaning that the first person to file an application for a design has the right to the registration.
Language: All documents must be submitted in English.
Representation: Non-residents may need to appoint a U.S.-licensed attorney to file applications.
Processing Time: The average processing time for design patent registration is approximately 12 to 18 months, assuming a smooth procedure.
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