Design filings seem so easy. However, as in many jurisdictions registered designs are unexamined rights, deadly mistakes may only become visible once you try to enforce your design rights. These are the "top three" mistakes you should try to avoid:
Inconsistency of representations. Ensure all views of your design are consistent. If you wish to avoid a detailed search for inconsistencies, you may prefer using a 3D file to create your representations for the design filings.
Ambiguous elements in representations. In case your design application may be the basis for foreign filings, make sure the type and number of representations and the graphical elements used, such as dotted lines or shade lines, are also acceptable in respective foreign jurisdictions.
The novelty trap. Align the filing date to avoid the novelty trap: To EU designs, a twelve-month grace period of novelty applies. However, some jurisdictions have no grace period of novelty, so you may want to make sure that the respective product is not shown publicly before the design application has been filed. The same applies if you intend to also file technical protective rights for your invention.
If you want to get more detailed insights into European filing prerequisites, we invite you to attend our free webinar on design filing strategies in the EU coming up soon. For more information, please visit our website to subscribe to our newsletter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
