What can be protected?

Any two-dimensional or three-dimensional outward appearance of a product or of a part of it, which is in particular characterised by the features of the lines, contours, colours, shape, surface structure or materials of the product itself or its ornamentation, can be protected as an industrial design. A product within the above meaning is any industrial or handicraft object including its packaging, features, graphic symbols and typographic characters as well as individual parts, which can be assembled to form a complex product. A computer programme is not considered a product. Therefore, the design of a multitude of objects, in particular pertaining to the consumer goods industry, such as cups, clothing, furnishings, furniture as well as e.g. medical appliances or lamps can enjoy the protection of an industrial design. When it comes to choosing a sample of your product and necessary representations in order to obtain a scope of protection as broad as possible, we will be happy to assist you. Likewise, if you do not have any appropriate drawings or photographs of your product, we can generate them for you.

Prerequisites

As with patents, the design must be new and have a characteristic feature. It is therefore necessary to contemplate in good time before a product of a primarily aesthetic nature is placed on the market whether the design is to be protected as an industrial design. In order to gauge the success of a product on the market before its official launch, the applicant can test-run it during the 12-month novelty grace period. This is possible as a publication by the applicant himself during these early stages does not preclude the legal validity of an industrial design. Also, during this time the owner of the design is not completely unprotected as to a certain extent he enjoys protection under the so-called Community design, which is effective in all European Union member states. As regards the question whether it would be more advantageous for you to apply for registration of a German or a Community Design or whether an unregistered design would best answer your purposes – you can always draw on our professional expertise.

How to obtain an Industrial Design

We apply on your behalf for registration of your product as an industrial design with the respective appropriate bodies, like the German Patent and Trade Mark Office; we also advise you on how best to proceed in the case of an unregistered design, which is protected from the moment of being made available to the public. An industrial design search before filing the application can help you assess the protectability of your product. The authorities handling the application do not verify whether your product is protectable but simply enter it in the register after reviewing the formal requirements. It is of vital importance that a search is carried out, if rights arising from the industrial design are to be enforced against third parties. Based on the results of the search and further information, we evaluate for you the scope of protection and protectability of your industrial design in order to assess the success chances before taking any further action. We enforce your rights to the industrial design before all relevant courts and authorities.

Following the registration of an industrial design, which at the utmost has a life span of 25 years, we manage and administer it for you, take care of timely payment of renewal fees and set up, if and as required, an industrial design watch in order to keep you abreast in good time of all developments on the area of your interest. Under the industrial design watch scheme we will also inform you of developments of your immediate competitors.