The Patents Office online design register and database permits access to the Office's electronic register and database established under The Industrial Designs Act, 2001. However it is important to bear in mind that two Irish Registers of Designs co-exist and different search procedures apply to each register.
In relation to the design register maintained under the Industrial and Commercial Property (Protection) Act, 1927, which is a paper based register; a search can only be made in the Office. In order for a search to be carried out a request must be made in writing and include sufficient information to enable the design to be identified. This may be done by submitting the following:
- A representation of the design and
- The class, if known or the products to which the design may be applied.
The applicant for the search is informed if the design, the subject of the search, is still registered, the classes of goods for which the design is registered, the date of registration and the name and address of the registered proprietor.
Section 73 of the 1927 Act provides that a person can inspect the Register of Designs. A person inspecting the Register must furnish either a registration number or sufficient information to enable the design to be identified. As this is a paper based register it can only be inspected in our office in Kilkenny and on payment of the appropriate fee. Designs that are registered for less than two years (in relation to textile piece goods, the restriction is five years) are not open to inspection except by the proprietor or a person authorised in writing by him, a person authorised by the Controller or by the Court. The person inspecting the Register may not make copies. Where the statutory period has expired, the design is open to public inspection by any person, on payment of the appropriate fee and copies may be made of the registered design.
Registered Design Index under the Industrial and Commercial Property (Protection) Act, 1927, indexed by year from 1990. This index provides, the name of the applicant, the design registration number, and the Journal number in which details of the registration were published.
Community Design Searching
The Office for Harmonisation of the Internal Market (Trade Marks and Designs)
(OHIM) has been accepting applications for Registered Community Designs since 1 January 2003. These were deemed to have a filing date of 1 April 2003, when the Community Design came into effect. Registered Community Designs are protected in all 25 Member States of the EU. An online search is available on the community design database, in addition design information may be accessed via the community designs bulletin.
Please note that a design must be new, i.e. not exist anywhere prior to the date of application for registration. Consequently an applicant may wish to consider searching other databases in addition to those mentioned on this site. There are no facilities available to carry out a worldwide search in a single search.
It should be noted, however, that online access to the registers and database are for information purposes only. Whilst the Patent Office takes all reasonable care in the provision of these search facilities, the Office will not be liable for errors or omissions in the data or for any consequences arising from such errors or omissions, including any loss which may be incurred as a result of reliance on the accuracy or completeness of the data.