Registration of industrial designs in Germany – Every company that owns an industrial design and intends to expand its business in the German market should use the German intellectual property system. It is paramount for businesses to file an industrial design application in Germany for industrial designs, even if the launch of the respective product on the market in Germany has not yet commenced.
Requirements for Industrial Design Registration Application in Germany
An industrial design application in Germany requesting the right of priority must be filed within 6 months from the priority date.
The official language of the proceedings before the patent office is Germany; however, the application can be submitted in another language if the translation is filed within three months after the filing date.
The following information and documents need to be provided in the application for registration of an industrial design in Germany:
name, address, and nationality of the applicant, business address;
request for design registration;
declaration of inventorship;
indication of the class(es) of goods in which the design is to be classified;
representation of a design.
Within 16 months after the priority date, a copy of the Priority Document must be provided.
Only if the representative is not a German Patent Attorney should the POA be filed. The POA does not need to be legalized or notarized.
Examination of an Industrial Design Application in Germany
In Germany, industrial designs are only subject to formal examination. In Germany, there is no specific procedure for the substantive examination of design applications.
Validity period and renewal of industrial designs in Germany
In Germany, the novelty grace period begins 12 months before the filing date or priority date. It does not invalidate the novelty of the design in Germany if the application was made public by the designer or his successor in title, by a third party as a result of information provided by or action taken by the designer or his successor in title, or as a result of an abuse of authority against the designer or his successor in title within the aforementioned time frame.
There is no mention of the formal grant fee. German patents for industrial designs have a five-year validity period starting on the filing date. This sentence may be extended four more times, for a total of 25 years. Prior to the conclusion of each protection period, renewal costs may be paid.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Germany should perform an industrial design search in Germany through a law firm, or an industrial design attorney.
