Design
KLINGSEISEN RINGS & PARTNER
PATENT ATTORNEYS
The patent attorneys of the law firm KLINGSEISEN RINGS will assist you in filing design applications as well as in related legal disputes.
01
Designs and design applications
National German, European and international design registrations GPTO, EUIPO, WIPO
02
Design searches
Searches for known designs in relevant known shapes. Searches on design infringement and for cancellation proceedings and invalidity proceedings on design registrations.
03
Design-related legal disputes
Advice on design disputes, infringement, invalidity and cancellation proceedings. Advice in design-related disputes, participation in court proceedings on counterfeiting protection, slavish imitation, competition law claims arising from design rights.
04
Expert opinions on design rights
Expert opinions on validity and infringement of design rights. Legal design opinions and opinions on designs
Protection of Design
The outer form of products or designs is protected through design registrations. A design registration is created through a design application (DE, EU or International), wherein the application consists mainly of a graphical or photographical representation of the shape or design of the product.
In Germany the design application is registered and published without examination of novelty and individual character (legal requirements for the protection). Only in case of a litigation, the validity of a design registration is examined. For this purpose prior art searches are conducted an usually expert opinions are requested or elaborated by patent attorneys who are in particular qualified for this.
Procedure
Design application
Application to the patent office for a design (GPTO) or registered design (EUIPO) with illustrations like photos or drawings in different views
Formal examination
Examination of formal requirements by the office (GPTO, EUIPO). Possibly official communication about objections and reply by patent attorney.
Entry in the register and publication
After a successful result of the formal examination, the design is entered in the register (GPTO, EUIPO) without substantive examination as to novelty, individual character, etc., publication of the entry in the register by the Patent Office
Lifetime of the design
Maximum term of protection of 25 years, renewal possible every five years by payment of fees
Action for declaration of invalidity
Invalidity of registered designs by legal action in case of grounds for refusal like not eligible for protection, lack of novelty or lack of individual character in comparison with known shapes
Cancellation proceedings
Invalidity of registered designs upon request to GPTO or EUIPO in case of grounds for refusal like not eligible for protection, lack of novelty or lack of individual character in comparison with known shapes
