Design protection
Your key to success: design protection
What is a design?
While patents and utility models protect the technical functionality and trademarks protect the name, the appearance of a product can be protected by a design. The design protects the two- or three-dimensional appearance of the product. The shape and contour, the colors, the materials and the surface texture of the product play a role here. Purely technical features are not covered by design protection.
Designs are often neglected when building up property right portfolios. However, a good design application can be an extremely powerful IP right . After all, the appearance of a product is an essential feature for the customer, which is also perceived directly and immediately.
The design must be new at the time of application and have a so-called individual character. A grace period of 12 months applies to the examination of novelty. However, this only applies to publications of the design that can be traced back to the applicant.
The necessary individual character of a design is always present if the overall impression of the design on the informed user differs from the overall impression of already known designs. However, the designer's creative freedom must also be taken into account here. The freedom of design in turn depends on the totality of all known designs. Assessing the overall impression of a particular design and whether your design has individual character is therefore not entirely trivial. We are happy to support you here.
However, the requirements of novelty and individual character are not examined by the competent offices in Germany and the EU at the time of application. A design is therefore an unexamined property right, similar to a utility model.
With a maximum term of up to 25 years , registered designs can become quite old compared to patents and utility models. Without an official examination procedure and with renewal fees only due every 5 years, the design is also inexpensive to register and maintain.
It therefore makes a lot of sense to consider design protection when launching a new product.
How to protect your design
We start with an initial consultation at our office, at your premises or alternatively by telephone or video call. During the consultation, we clarify which product you would like to protect as a design, in which countries you need design protection and advise you on possible obstacles to protection. We will explain the application process and the time frame. We also discuss the costs of a design application. We generally work with package prices for the preparation and filing of a design application, which we will be happy to inform you about in detail. We will then create an individual application strategy tailored to your needs and clarify which documents we need from you for the application.
In order to obtain design protection, an application must be filed with the relevant office.
For this purpose, several illustrations of the subject matter to be protected (the so-called representation of the design) must be submitted with an application to the competent office. In addition, the subject matter must be classified according to the Locarno Classification. It is also possible to attach a description of the protected subject matter.
Which images are selected as design reproductions depends on the desired geographical scope of protection. Different countries have different requirements here. For a German design or an EU-wide design (the official legal designation is Community design), for example, photos or line drawings can be used. We will discuss the exact requirements with you in detail. (see FAQ)
Once the application documents have been compiled, we will submit them to the relevant office on your behalf. After a formal examination, the design will be registered and you will receive a certificate.
Where can I obtain design protection?
For companies based in Germany, the starting point for design protection is usually a German design application at the German Patent and Trade Mark Office(DPMA) or a Community design application at the European Intellectual Property Office (EUIPO). Design rights abroad can then be conveniently applied for within 6 months by claiming priority (see FAQ). Which filing strategy is most favorable here depends heavily on the number and combination of the desired countries of protection. We will be happy to provide you with an individual offer. In design protection abroad, there are sometimes major differences in the requirements for a design application and in the registration procedure. We will be happy to advise you in detail.
What happens after my design has been registered?
Once your design has been registered, it must be renewed every five years . We will remind you in good time and pay the fees due on your behalf.
If you become aware of a possible infringement of your design , please contact us as soon as possible. When enforcing a design protection right, novelty and individual character must always be examined. This examination does not take place when the design is registered, but is postponed until the dispute arises. We examine the situation at short notice and develop a strategy for further action that is optimally tailored to you and your needs.