A registered German design patent can be cancelled by filing a cancellation request either to the federal patent court or to a district court. The action for cancellation or revocation may be based on the grounds that the design patent is not new or does not have the required individual character. Everyone is entitled to file a request for design patent cancellation.
Cancellation of a registered design may also be requested if it falls within the scope of an earlier registered design or an earlier design application, or if it was used as a commercial sign having a distinctive character. Design patent cancellation may be requested only by the owner of the earlier right.
Please, feel free to contact us should you have questions about the cancellation of a German or European design. Our European design patent attorneys in Munich will be pleased to advise you.