In order to avoid potential collisions with earlier design rights and to prevent avoidable legal disputes it is advisable to carry out a design patent search prior to the registration of a design patent. Conducting a design search for earlier registered designs is usually a cheaper option than getting involved in a legal dispute for design infringement including injunctive relief and claims for damages.
1. Which earlier rights can conflict with a design patent?
Basically, a design patent application can conflict with any earlier design patent in the respective country, in particular with earlier national designs, Community designs or international designs having effect in that country. Please note that besides identical earlier designs also similar earlier designs may constitute an obstacle – as long as they produce the same overall impression on the informed user.
Please, feel free to contact us if you have questions about design patent searches in Germany or Europe. Our German design attorneys in Munich will be pleased share their knowledge.
2. How much is a design search in Germany?
The cost of a design search mainly depends on the territorial extent of the search (e.g. Germany, Europe or the U.S.).
A search starts at approximately € 600.00 for a search for earlier designs which are registered in the Federal Republic of Germany. However, if the search shall also cover other European countries, the effort and cost are higher. Please contact us for an individual offer. Our patent attorneys in Munich look forward to providing you an individual quote for your design patent search.