▶ Design protection in Switzerland / Swiss design: apply for a Swiss design / register a Swiss design patent – information from expert
If you want design protection in Switzerland – i.e. if you want to apply for a Swiss 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 Switzerland.
If you need design protection in Switzerland and would like to apply for a Swiss design, just contact us 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:
Swiss Design Application: Important Questions & Answers
Requirements for design protection in Switzerland / Swiss design protection definition:
According to the Swiss Design Protection Act (actually: Federal Act on the Protection of Designs (DesA)), a Swiss design is protected if it is new and has individual character. In order to check this in advance, a IGE / IPI 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 Switzerland at the IPI? Why should I apply for a Swiss design? What are the advantages of design protection or a design application in Switzerland?
A Swiss design protection has various advantages. If the protected design is copied or imitated by third parties in Switzerland, a Swiss design enables action to be taken against them and an injunctive relief to be sought in Switzerland. 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 for customers and business partners.
Swiss design protection examples
Swiss 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.
Design applications in Switzerland are particularly popular, for example, in the field of furniture, toys, clothing, lights / lamps, 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 Switzerland – despite some differences – also has certain overlaps with copyright law.
What does a design protection cost in Switzerland? What are the Swiss design protection costs or design patent costs for a “design protection Switzerland”?
The costs for a design protection in Switzerland depend on the number of designs to be filed. The basic fee of the Swiss Patent and Trademark Office (IPI) for the first design application is higher than the costs for the further designs within a collective application for a “design patent in Switzerland” / “Swiss 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.
From when is design protection valid in Switzerland? When does Swiss design protection start?
A Swiss design protection of a registered design starts from the date of registration in the design register at the Swiss Patent and Trademark Office (IPI / IGE).
How long is design protection valid in Switzerland? What is the maximum design protection duration of a Swiss design?
A design protection in Switzerland is valid for a maximum of 25 years, whereby the initial protection period is 5 years of the submission date and then renewal is required for a further 5 years at a time.
Infringement of design protection of a Swiss design
An infringement of the design protection of a Swiss 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 Switzerland
A design infringement of a Swiss design / Swiss registered design exists, for example, if the newer product creates the same overall impression as the Swiss design and e.g. often happens on internet marketplaces like Amazon or Ebay.
If you need assistance in filing a design patent in Switzerland or a Swiss design patent to get design protection in Switzerland through a Swiss 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!