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Henning Hartwig
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WEDNESDAY, 5 AUGUST 2015
Changes -- and no changes -- to Registered Community Design practice

From the most recent issue of OHIM's Alicante News Class 99 learns the following:

Work Package 2/2015 Review and changes of practice (RCD)

Registered Community Designs

Examination of Applications for Registered Community Designs

More information with reference to case law has been added in section 4.1.7 as concerns examination of application where the subject matter is a living organism. The Office would not accept a living organism even if it deviated from a common form, unless it would be proved that it is a result of a manual or industrial process.

In section 6.2.1 concerning the examination of priority claims the Office will, modifying its previous practice, invite the applicant to submit comments where it would be found that the priority claim does not concerns a design or a utility model, and where it would be found that the previous application is not a first filing.

In section 2.7 concerning registration requirements a note has been added that payment by credit card is an option.

In section 12.2.2.7 it has been specified that a deficiency communicated by the Office in the examination of an international design with EU designation may be remedied not only by overcoming the objections raised by the Office but also by a withdrawal of the application.

No changes

The following parts have not been changed during the last revision cycle:

• Part A: General rules.Section  4, Language of proceedings

• Part A: General rules.Section 7, Revision

• Part A: General rules.Section 9, Enlargement

• Renewal of Registered Community Designs

Posted by: Blog Administrator @ 23.35
Tags: OHIM, RCDs, examination of applications,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA672

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