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The German Design |
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Overview
What can be protected
Requirements
Flow Diagram on Proceedings
Particularities
What
do we need for filing
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What can be protected
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- Design patents in
Germany
protect 'designs', i.e. the appearance of the whole or a part of a product
resulting from the features of, in particular, the lines, contours, colours,
shape, texture and/or materials of the product itself and/or its
ornamentation.
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Requirements
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The design must be new (with respect to the circles specialised in the sector
concerned).
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The design must have an individual
character.
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Both requirements are not examined
by the GPTO.
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The following flow diagram is to give an overview on proceedings to
obtain a German National Design (design patent) before the GPTO.
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Particuliarities
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Grace
period:
A publication by the applicant himself is not harmful if it was not made
more than 6 months prior to filing.
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The term of a design patent is at
most 20 years after
the date of filing. Renewal fees are due 5 years, 10 years and 15 years
after filing date.
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It is forbidden for third parties to copy the design. The owner may have
a right to claim damages.
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3 sets of graphical representations for every design to be protected (preferably
line drawing; a photography of the design before a neutral background are
also accepted; graphical representations of the same design from various
sides perspectives are possible and recommendable)
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The name or purpose of the design to be protected
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Name and address of the
applicant(s)
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Information on priority/priorities to be claimed, including date of
filing, country and Official file no. (time-limit: 16 months after the
respective foreign filing date)
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A copy of the application(s) the priority of which is to be claimed (an
uncertified copy is sufficient!)
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