If not satisfactorily dealt with, such objections can be fatal to the design application, but that is quite rare. Further, in most countries various appeal procedures are available. If the Examiner is ultimately satisfied with the merits of the application, it is allowed and an industrial design registration certificate is issued. In many cases no prosecution costs are payable because the Examiner issues the industrial design registration certificate without raising any objections. No maintenance fees are payable in respect of a United States design patent.
Some foreign countries charge design maintenance fees.
This allows a design applicant to claim priority in respect of an earlier filed design application. Applications filed in such countries within six months of the filing date of the original application are treated as though they were filed on the original filing date. As previously indicated, to obtain valid design protection in most countries it is essential to file an application to register the design before the design is publicly disclosed. An important exception applies if priority can be claimed as above. It is normally sufficient to file priority-claiming applications in most countries within six months of the date on which the earliest application was filed, provided that the earliest application is itself filed before any public disclosure of the design anywhere in the world.