Design patents

The registered design protects the design of three-dimensional objects for example motor vehicles or immovables. You can also apply to register a design in respect of two-dimensional patterns such as logos, graphical images or icons. In addition graphical symbols or typographic typefaces may be protected. An industrial design can be upheld in Germany and the European Community up to 25 years.

A design must be novel and have individual character in order to be protected by a registered design. A design has individual character, if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any other design which has been made available to the public before. When assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

A German industrial design can be filed with the German Patent and Trademark Office in Munich. The German Industrial Design Act also provides a grace period of 12 months for own prior use and publication before the filing date or priority date.

A Community Design application for all 27 countries of the European Union can be field at the Office for Harmonization in the Internal Market in Alicante. The European Community design has a grace period of 12 months for own prior use and publication before the filing date or priority date.

A German industrial design can be cancelled by a civil court upon request. A European Community design can be cancelled during a nullity proceeding at the Office for Harmonization in the Internal.