Register a design: How to proceed

A unique design gives a product an unmistakable identity. To prevent the design from being copied by third parties, design law offers effective protection. By registering a design, you receive the exclusive right to use your design for up to 25 years.

Registration is quick and inexpensive compared to patent protection. However, as the responsible office does not carry out a substantive examination, thorough preparation is essential. Find out when an application makes sense, what advantages it offers and what steps are necessary for successful protection.

Whether it's a trade mark application, design patent or patent - WSL Patent has been successfully helping established companies and start-ups to protect their intellectual property for 70+ years. As patent attorneys and attorneys-at-law, we have extensive industry knowledge and can advise you on all matters. Feel free to contact us for a non-binding initial consultation - whether in person at our offices or digitally.

What is a design patent?

A design patent protects the external design of a product. This includes shape, lines, colours, surface structures and decorative elements. Technical or functional features, on the other hand, are not covered - these are subject to patent protection. For a design to be registered, it must be new and unique. This means that it must be clearly different from already known designs. Prior research is therefore advisable.

You can find detailed information on design patents in our detailed article.

When does it make sense to apply for a design patent?

It always makes sense to apply for a design patent if the design of a product plays a decisive role in its recognition value and market success. Companies and designers in particular who have developed a unique appearance benefit from a protected design.

Design protection is particularly advisable if the design is to be protected against imitations even before the product is launched on the market. Without an application, there is a risk that competitors will adopt the design without having to fear legal consequences.

A design application can also be useful for product series or collections. A multiple application allows several designs in a product class to be protected at the same time, which saves time and money.

Advantages of a design

A registered design offers numerous advantages:

  • Legal security: You receive an exclusive right of use for up to 25 years.
  • Fast registration: The application is registered within a few weeks, as only a formal examination is carried out.
  • Low costs: Compared to patents, protection through a registered design is significantly cheaper.
  • Protection against counterfeiting: You can take legal action against plagiarism and issue warnings.
  • Flexibility: Multiple designs can be protected cost-effectively with a multiple application.

Registering a design: Step by step to your goal

A design patent protects the design of a product against imitation and secures the exclusive right of use for up to 25 years. As the competent office does not carry out a substantive examination for novelty or individual character, careful preparation is essential.

Those who register their designs strategically avoid legal risks and secure long-term competitive advantages. The following checklist shows the most important steps on the way to successful registration:

  1. Fully document the design: Creation of detailed illustrations from different perspectives (8-9 views), a precise brief description and assignment to the appropriate Locarno class. The quality and design of the illustrations determine the scope of protection.
  2. Carry out a design search: Check whether a similar or identical design is already registered. As the Office does not carry out a substantive examination, a thorough search can help to avoid collisions and subsequent legal disputes.
  3. Determine the territory of protection: Decide whether the design should be registered with the German Patent and Trade Mark Office (DPMA), the European Union Intellectual Property Office (EUIPO) or internationally via the World Intellectual Property Organisation (WIPO).
  4. Submit application: Submission of the required documents to the competent office. The procedure before the Office includes a formal examination to ensure that all information is complete and correct.
  5. Registration and publication: After successful examination, the design is entered in the register and published. The protection is initially valid for five years.
  6. Extending the term of protection: The design can be extended at five-year intervals for up to 25 years. Due dates should always be kept in mind to ensure long-term protection.

Preparing the application: What you need to consider

Careful preparation is essential for a design patent to offer effective protection. A central step is the design search. As the office does not check whether the design is actually new, there is a risk of infringing existing property rights without a prior search. A professional search can help to avoid conflicts with designs that have already been registered.

Another important point is the presentation of the design. As a rule, 8-9 different illustrations are possible for the application, which show the design from all relevant perspectives. The illustrations must be precise, as they determine the scope of protection of the design. Incomplete or incorrect illustrations may result in insufficient protection.

The design must also be assigned to a Locarno class. Correct classification facilitates the enforcement of property rights and the administration of the design.

Anyone planning an international application should decide in advance in which countries protection is required. A strategic application can save costs in the long term and facilitate market entry.

How an attorney for trademark, design and patent law can support you

The registration of a design requires precise preparation in order to make the design protection legally secure and effective. An attorney specialising in trademark and patent law will help you avoid legal errors and optimise the scope of protection.

A central point is the design search. As the competent office does not carry out a substantive examination for novelty and individual character, there is a risk of infringing designs that have already been registered. An attorney can carry out a comprehensive search and recognise potential collisions at an early stage.

He also ensures the correct preparation of the application documents, in particular the correct presentation of the design. Incorrect or incomplete illustrations can restrict protection or prevent registration.

Even after the application has been filed, an attorney takes over the collision monitoring in order to recognise infringements by third parties at an early stage and initiate legal action if necessary. This comprehensive support enables design protection to be secured and efficiently enforced in the long term.

Conclusion

A design patent offers a cost-effective way of protecting the design of a product. As the competent office does not carry out a substantive examination, a thorough search should be carried out before applying. Choosing the right registration authority and professional support from a specialised attorney will ensure that the design remains protected in the long term. If you register your design patent strategically, you can secure a decisive competitive advantage.

As a law firm specialising in patent, trademark and design law, we have the expertise and the right tools to support you with your searches and the design application. Thanks to our decades of experience, we can also provide you with comprehensive advice on the possible options and give you an assessment of the market and legal situation based on a search. We are also happy to take care of the entire application process for you.

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