Design Law

The design law protects the aesthetically motivated, visible form of a two-dimensional (patterns) or three-dimensional (models) object.

In order to obtain protection, a design must be new and distinguished from prior forms in significant points, and it must not be contrary to public morality. In addition, the form of a model must be more than just that which would be functionally necessary for the object.

However, the Swiss Federal Institute of Intellectual Property does not examine a design for newness or distinctiveness. Swissberg will assist you in case of conflicts.

Checklist:

Has there been a search for prior rights?
Are the images of the design of sufficient quality (one or more reproducible images of each design)?
Could you apply for several designs in the same class of goods (which will save money)?
Do you know the name and domicile of the designer(s)?
Can an existing design still be renewed (maximum protection is five periods of five years each)?
In which countries do you need design protection? Shall the designs be deposited directly in a specific country or through the Hague Agreement (WIPO) or via deposition with the Office for Harmonization in the Internal Market (OHIM) with one registered design for all EU member states?
Is there still the possibility for a priority application (up to 6 months from the first application)?
Will the unregistered Community design right be sufficient for your needs?
Are you planning to license the design rights?

Further information