Apply for a design

Depending on the objective which has been worked out with my client, the application for the design - the registered design - can be made at the office which is suitable and responsible for this. The objective includes among other things the analysis of the protection requirement, what is to be protected and in which countries protection is required.

Examination of the design application

The relevant office only examines the adherence to the formal registration requirements for the design, but the design also has to satisfy material protection requirements in order to be protected as a design, these being novelty and so-called uniqueness.

Design search

This explains the importance of carrying out a design search or registered design search prior to the application since the office does not examine whether the design for which application is made meets this protection requirements.

If the registration requirements are given, the design is entered by the office in an official register and the entry is published.

The office does not check whether the design to be protected actually only contains that which the application wished to protect as “his” design. Unnecessary features unnecessarily restrict the protection of the design.

Assistance from an experienced patent attorney

Among other things this should be taken into account before a design application is made and I would be pleased to assist you here.

 

German design application

If it has been shown in the course of drawing up the objectives that protection of the design within the borders of Germany is sufficient, an application at the German Patent and Trademark Office will serve the purpose, which, after the application, carries out an examination and registers the design.

Maximum 25 years of protection

The exclusivity right resulting from the registration of the design for the proprietor has a maximum term of 25 years.

Your right to the exclusive use of your design

The proprietor of a design can prohibit third parties from making use of the registered design. Frequently an actually technical product only becomes a best seller with a pleasing design which is why design protection becomes increasingly important for technical products simply because design protection with a term of up to 25 “can keep competitors at a distance” for a long time.

Avoid traps with the design application

Udo Söllner, LL.M., Patentanwalt

Design protection within the European Union

If it has been shown in the course of drawing up the objectives, that protection of the design within the European Union EU is required, an application at the Office for Harmonization will serve the purpose, which after the application carries out an examination and registers the design.

A central application for your design allows a large sales market

Application for protection of a design in the European Union EU offers the advantage that with only ONE application, protection can be achieved in one area in which there is a very large group of customers for the corresponding products.

In precisely the same way as a design application before the German Patent and Trademark Office, a design application before the Office for Harmonization must also fulfil formal requirements which are examined by the office. In order that the design for which application is made serves as an effective property right for the proprietor or licensee after registration, the design must be new and it must satisfy the requirements of so-called uniqueness.

The infringement process

The adherence to these protection requirements is put to the test at the latest in the course of an infringement process. By means of a search for previously known property rights it can be identified which property right has already been applied for previously in the corresponding design area.

The exclusivity right for the proprietor resulting from the registration of the design has a maximum term of 25 years. Get in contact with me, I look forward to your design.

What is the situation with design protection abroad outside Europe? Read more here?

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