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What do we need to register a design patent?

Usually, a sketch, or a description and, where necessary, an object of study is required. In the individual case, further details upon consultation could be necessary; it is advisable to analyze each case individually, as they all have their own different level of complexity. As a first step, we need to estimate some general information [...]

2017-01-16T11:53:13+00:00January 16th, 2017|

Can a design patent be charged with a cost-effective opposition procedure?

In opposition to patent or trade mark law, the design law does not concern any opposition proceedings. In contrast with an utility model cancellation proceedings before the Patent Office, the first steps against a design patent can consist of really expensive cancellation action before a regional court. There, it is then examined whether the necessary [...]

2017-01-16T11:52:46+00:00January 16th, 2017|

How does a design patent granting process work?

Each received application is firstly subjected to a so-called patency examination, whereby defects or missing documents are formally listed and analyzed. The examination procedure ends with a Notice of examination or, more unfortunately with a rejection. If the design patent granting succeeds, the registered design is ready to be released.

2017-01-16T11:52:15+00:00January 16th, 2017|

How is a design patent developed?

German design patent can be obtained by applying at the German Patent Office. On this purpose, a Form of the German Patent and Trademark Office is available on this website http://www.dpma.de. In case of relevant multiple applications, it is highly recommended to consult a specialist.  

2017-01-16T11:51:51+00:00January 16th, 2017|

Can the design be announced before the registration (period of grace)?

In Germany, before the releasing of an invention, a legal registration is fundamental. For design patents (as for utility models), there is a so-called Period of grace of 12 months that consent a little bit of time before the actual entry into force. Under certain conditions, however, publications before the registration may be allowed.

2017-01-16T11:51:27+00:00January 16th, 2017|

Which solid protection does a design patent offer?

Instead or a global utility model, an operating European Community design is nowadays effective in Europe. A German design patent provides protection in Germany. On an international level, the Hague Agreement on Industrial Designs or Models is to be considered.

2017-01-16T11:50:57+00:00January 16th, 2017|

How long does a design patent operate?

Since the date of filing, the protection of the design patent is valid for a maximum of 25 years, as long as the design patent of use is maintained, the three renewal fees at the German patent office are really important. Despite the harmonization of the Community law, a German, non-registered design still does not [...]

2017-01-16T11:50:22+00:00January 16th, 2017|

What are the differences between design law and copyright law?

As an utility model, an design patent is an unexamined protective right, whereas there is no monopolistic audit authority in Germany for copyrights. Design protection occur generally with a registration (European design protection can also be created for a limited time without registration) on the other hand, the existence of material requirements, the protection of [...]

2017-01-16T11:45:16+00:00January 16th, 2017|

What is a Design?

Industrial Design Law protect both two-dimensional "patterns" (e.g., fabric patterns) as well as three-dimensional designs. They must be patterns or models of industrial objects that address themselves to the aesthetic sense of color or form. The prerequisite is the innovation as well as the peculiarity of the object, thus a creative activity of the designer. [...]

2017-01-16T11:44:40+00:00January 16th, 2017|