What protects a design?Aesthetics as an economic value
The design patent or registered design protects the appearance, i.e. the aesthetic design, of a product. This refers to the design of the shape, color, surface, etc. of a body, i.e. the external impression of an object.
The aesthetically pleasing design of a product can be very memorable for the customer, lead to a high perception of value and thus become a key purchase criterion, as can the quality of the product or its technical functionality, which may be more comparable with competitors’ products within a product range than an individual design. A new product design can therefore create a new incentive for customers to buy, even if the technical content remains the same.
For this reason, a design can also constitute an asset worthy of protection, especially if the expenses for a design draft and the production of samples and prototypes were very high.
Registration, term of protectionand legal requirementsfor design protection
A design can be registered as a registered design at the German Patent and Trademark Office (DPMA) or as an EU-wide Community design at the European Union Intellectual Property Office (EUIPO) in Alicante. In both cases, the registered design is protected for up to 25 years, starting from the date of filing and renewable in five-year increments for an official fee.
For protection as a design, it is necessary that the overall impression of the design to be registered differs from known manifestations. Since the registration is made without an objective examination, it is advisable to carry out your own search for known competing designs.
Registration is subject to a twelve-month grace period, i.e. designs already presented by the applicant can still be applied for as a registered design or as a Community design by the entitled party up to twelve months after their first presentation to the public.