▶ Design protection in Germany / German design: apply for a German design / register a German design patent – information from Patent Attorney / “Design Attorney”
If you want design protection in Germany – i.e. if you want to apply for a German design patent – you will find in the following some information from our German Patent Attorney / Patent Lawyer or “European Design Attorney” (European Patent, Trademark and Design Attorney). Alternatively, you can contact us directly for design protection in Germany.
If you need design protection in Germany (as part of the European Union) and would like to apply for a German design, just use our online design protection form and we can apply for your design protection after further coordination.
By following these links you will find further information (also about the costs and prices) for EU design protection, design protection in Germany as well as international design protection:
German Design Application: Important Questions & Answers
Requirements for design protection in Germany / German design protection definition:
According to the German Design Protection Act (actually: German Act on the Legal Protection of Designs (Designgesetz – DesignG)), a German design is protected if it is new and has individual character. In order to clarify this in advance, a GPTO design protection search may be advisable, although such a search is often quite time-consuming / expensive and also does not provide final legal certainty.
What is the benefit of a design protection in Germany at the GPTO? Why should I apply for a German design? What are the advantages of design protection or a design application in Germany?
A German design protection has various advantages. If the protected design is copied or imitated by third parties in Germany, a German design enables action to be taken against them and an injunctive relief to be sought in Germany. Claims for information and damages can also be asserted against the infringers. Furthermore, a registered design can be used to advertise the respective protected product, which is often attractive to customers and business partners.
German design protection examples
German design protection examples can vary a lot, as they can concern almost all two-dimensional and three-dimensional objects if they meet the protection requirements. Basically, design protection for spare parts and design protection for automotive parts are also possible.
Design applications are particularly popular, for example, in the field of lights / lamps, furniture, toys, clothing, glasses or other everyday objects. Also many offers on the Amazon marketplace are protected via a design protection by Amazon dealers / Amazon marketplace sellers or their suppliers.
In general, a design protection in Germany – despite some differences – also has certain overlaps with copyright law.
What does a design protection cost in Germany? What are the German design protection costs or design patent costs for a “design protection Germany”?
The costs for a design protection in Germany depend on the number of designs to be filed. The basic fee of the German Patent and Trademark Office (GPTO) for the first design application is higher than the costs for the further designs within a collective application for a “design patent in Germany” / “German design patent”. If an IP Lawyer (e.g. Patent Lawyer, European Patent, Trademark and Design Attorney, specialist attorney for industrial property protection / Certified Intellectual Property Lawyer) shall support you with the design protection, the costs for the design attorney are added to the official fees.
Design protection by use or design protection without application or design protection without registration?
Strictly speaking, design protection by use is not possible in Germany. However, at the EU level there is design protection without application or registration through a so-called unregistered Community design. In Germany, the mere use or publication of a design doesn’t constitute a design protection. For a German design protection an application / registration of the German design is necessary.
From when is design protection valid in Germany? When does German design protection start?
A German design protection starts from the date of registration of the design at the German Patent and Trademark Office in Munich (GPTO / DPMA).
How long is design protection valid in Germany? What is the maximum design protection duration of a German design?
A design protection in Germany is valid for a maximum of 25 years, whereby the initial protection period is 5 years and then renewal is required for a further 5 years at a time.
Infringement of design protection of a German design
An infringement of the design protection of a German design exists if the possible imitation does not create a different overall impression on the informed user. However, it always depends on the individual case and ultimately on the assessment of the court involved.
It is common for a copycat to try to circumvent design protection, although the differences should be quite recognizable in this case.
Design protection infringement examples Germany
A design protection infringement of a German design / German registered design exists, for example, if the newer product creates the same overall impression as the German design and e.g. often happens on internet marketplaces like Amazon or Ebay.
If you need assistance in filing a design patent in Germany or a German design patent to get design protection in Germany through a German design, our German Patent and Intellectual Property Law Firm is happy to assist you with attractive flat fee prices. Our experienced German Patent Lawyer (European Patent, Trademark and Design Attorney) and German Attorney / German Certified Intellectual Property Lawyer assisted many clients and colleagues in recent years and are ready for your inquiries. Feel free to contact us without obligation!