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[po.ubd]

Hi..
So let's say there is this basket. What we want to patent is the design on this basket, which doesn't have any functionality. However, the design might not necessarily be novel - it can be considered as a traditional pattern, perhaps, therefore it can be found in numerous places in the country of origin - but it is considered new in the country in which the basket is going to be sold.
Can the design be patented in this case? If I'm not wrong, I think I remember reading somewhere that national designs/patterns can be patented if being sold in another country.. but I'm not sure..
Thanks for your time..

[patentsusa]

So it sounds like you are talking about a design patent (called an industrial design in some countries) as opposed to a utility patent.

It doesn't sound very promising.  Of course you would have to consult the laws of the specific country of interest in which you are planning to file. 

I think most, if not all, countries would consider publications from anywhere in the world to be prior art.  The U.S. certainly does. 

It may also depend on how long ago the prior art was published.  It may be possible that two companies were working on a similar design at the same time and one filed first even though they did not invent first.  That would be a relevant consideration in the U.S.  But other countries have "absolute novelty" requirements.

My best guess is that it is probably too late for you, but it is difficult to say without knowing specifics.

[bartmans]

Design protection in Europe can be obtained either by creating the design (just like copyright) or by making a deposit with the authorities.
Novelty is only considered as a sort of 'local' novelty.
For an overview of European design protection see e.g. http://www.atrip.org/upload/files/activities/tokyo2003/s05-Kur_art.doc

[chab]

Hi..
So let's say there is this basket. What we want to patent is the design on this basket, which doesn't have any functionality. However, the design might not necessarily be novel - it can be considered as a traditional pattern, perhaps, therefore it can be found in numerous places in the country of origin - but it is considered new in the country in which the basket is going to be sold.
Can the design be patented in this case? If I'm not wrong, I think I remember reading somewhere that national designs/patterns can be patented if being sold in another country.. but I'm not sure..
Thanks for your time..

I dont think national in all countries do that,but you can surely sell it to a private company.