Design Patent - Overview
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The meaning and extent of the word “design” can best be explained considering the following example:
A furniture manufacturer has designed a new sofa collection with considerable capital expenditure and intends to present the collection at a furniture fair. They want to prevent competitors from using and selling the new furniture design on the market at a reduced rate saving development costs for themselves.
A design offers the protection of the nature of different models.
A design is granted for models which are new and offer originality. A design application offers protection for various models up to the number of 100 (the models have to belong to one class). The protection of more models results in a considerable decrease of the costs per model.
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The registered design constitutes an injunctive relief for the owner to prevent others from using the protected designs.
It is our task to argue whether the respective model is new and original in contrast to prior items already known. We estimate the potential scope of protection of a design in order to determine whether a profound research has to be conducted first or if it is possible to file an application right away. We make helpful suggestions how to create the photographs or the drawings which have to be taken or made of the models.
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