Comprehensive Analysis and Key Guide for Germany Design Application
Guide for German Design Application
For businesses, patent applications are not only a means of protection but also a part of their commercial strategy. In a fiercely competitive market, holding a design patent can effectively prevent competitors from infringing and swiftly establish a product's market position. Therefore, planning a design patent application in advance can secure a competitive edge in future market contests.
The DPMA conducts only a formal examination for designs, with the following criteria: the design must be novel and possess individual character. Applicants must pay the application fee no later than three months from the application date.
- Novelty: Before the application date or priority date, the design must not have been used in trade, exhibited, or otherwise made available to the public in a way that an identical design, or one differing only in insignificant details, becomes known. Disclosure that cannot reasonably be known to professionals in the relevant industry within the European Union does not count as a public disclosure.
- Individual Character:
- The overall impression the design gives must differ from that of any known designs.
- Process & Procedure:
- The DPMA does not examine whether the design conflicts with the rights of others during the formal examination. Such issues, or absolute grounds for refusal, are only examined later during invalidation proceedings or infringement actions.
- Accelerated Examination:
- Using SEPA Payments: SEPA payments facilitate the processing of fees for accelerated examination.
- Locarno Classification: Designs must be categorized according to the Locarno Classification system.
- Number of Images:
- A maximum of 10 photographs or other graphical reproductions can be submitted.
- Distinct Design Variants:
- Different design variations (e.g., different colors or forms) cannot be combined into a single design application. Each distinct product design constitutes a separate design and must be filed individually. The representation of the design is crucial, as it determines the subject matter and scope of the design rights. Only the visible features depicted in the images are protected.
- Illustration Requirements:
- Each illustration must contain only one design view.
- The first view must be the primary view showing the overall appearance of the design. This primary view will be displayed in the design database after registration (DPMA register).
- Views must not display any objects unrelated to the design.
- The background must be neutral and distinct from the design, using a single uniform color, such as white or gray.
- Views must not include dimensions, descriptive text, or any additional annotations.
- Accepted Formats: Images must be in .JPG format.
- Accepted Data Carriers: DPMA accepts the following electronic data carriers: CD-R, CD-RW, DVD-R, DVD+R, DVD-RW, and DVD+RW.
- Storage Requirements: Each image file must be saved in JPEG format (*.jpg) at the root directory of the blank data carrier (no subdirectories). Each file must contain only one illustration.
- Quality Standards:
- Photographs or drawings must be of high quality, ensuring all design features are clearly visible. Images must not be blurry, overexposed, or underexposed.
- Avoid Reflections or Shadows: The design subject should not have unnecessary reflections or shadows that might obscure details.
- Design Isolation: The design must stand out clearly from the background and must not include any unrelated objects. Dimensions, text, and annotations are not allowed in the views. Explanatory text can be submitted separately as a supplementary note.
- Graphical Disclaimers for Partial Design Protection:
- Marking Unprotected Areas: If only a part of the design is to be protected but the complete design is submitted, graphical disclaimers must be used to indicate the unprotected sections. These disclaimers should be clear and consistent, distinguishing between the protected and unprotected parts. For example, unprotected areas can be marked with dashed lines, shading, blurring, or clearly defined boundaries.
- Specific Product Design: Design protection is limited to specific product designs. Abstract ideas or conceptual design elements not tied to a particular product are not eligible for design protection.
- Designating the Product: Applicants must designate a specific product for each design and provide an appropriate product name, such as "sofa," "drinking cup," or "mobile phone." A maximum of five terms can be designated. Applicants can use DPMA’s online search engine to find recognized terms for product descriptions. Proprietary or fictional terms are not accepted.
- Scope of the Description: A brief description of the design can be provided but must only describe the visible features shown in the views. It must not describe the design’s functionality or refer to alternative designs (e.g., color variations).
- DPMA first verifies whether all required information and documents have been submitted, including the applicant's details, design illustrations, and product descriptions. The examination ensures the application meets legal requirements, particularly the formal requirements for design representations.
Average Timeframes:
- 3-4 weeks
Grace Period for Novelty:
- A grace period of 12 months before the application date or priority date is allowed. If the designer has publicly disclosed the design before submitting the application, as long as the disclosure occurred within 12 months prior to the filing date, it will not affect the novelty of the design.
Grant and Annuity:
- No grant fee is charged.
- Annual fees are paid 4 times during the protection period: in the 6th, 11th, 16th and 21st years after the filing date. Fees apply to each additional design, even for multiple designs under the same application. Applicants can choose to maintain protection for only some designs in a multiple design application. A written request should be filed with DPMA, specifying the design numbers for which protection is to be maintained.