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Filing Industrial Design Application in Germany

Industrial Design Filing in Germany
Industrial Design Filing in Germany

Industrial Design Application fees in Germany

Fees associated with filing industrial design applications in Germany, as well as other design fees, are available in the fee calculator.

Multiple industrial design application

Multiple design applications (up to 100 designs if they have at least one common class of goods) are possible in Germany.

Minimum filing requirements of industrial design application in Germany

The following information should be provided for the successful filing of a design application: a registration request, applicant’s and designer’s details, declaration of inventorship, a representation of the design, and indication of the class(es) of goods in which the design is to be classified.

A copy of the Priority Document must be submitted within 16 months from the date of priority.

The POA should be submitted only in case the representative is not a German Patent Attorney. The legalization or notarization of the POA is not required.

Analysis of an industrial design application in Germany

Industrial designs in Germany undergo formal examination only. The substantive examination procedure of the design applications in Germany is not stipulated.

Novelty grace period for application

The novelty grace period in Germany constitutes 12 months before the filing date or priority date. If the application became available to the public by the designer or his successor in title or by a third party as a result of information provided or action taken by the designer or his successor in title or if the design was disclosed as a consequence of abuse concerning the designer or his successor in the title within the above-said period, it does not disprove the novelty of the design in Germany.

Grant, validity term, and industrial design renewal fees in Germany

The official grant fee is not stipulated. The validity term of the patent for an industrial design in Germany constitutes five years as of the filing date. This term may be renewed four times up to a maximum of 25 years. Renewal fees may be paid before the end of each protection period.

Duration of the industrial design application registration procedure

The processing time from the filing to registration is approximately 2-4 weeks in case of a smooth registration procedure.

Representation by a German patent attorney

For a person neither residing in Germany nor having a principal place of business nor an establishment in Germany, it is necessary to perform the industrial design prosecution through a patent attorney or lawyer entitled and authorized to represent him in proceedings before the German Patent and Trade Mark Office.

Notes

1. Online Search databases: German Industrial Designs, Community Designs (EUIPO), International Designs.

2. Industrial design protection in Germany may also be obtained via registration of a Community Design.

If you have any queries related to the design patent registration in Germany, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

If you wish to request a quote for Germany, please fill the below form:

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