Design
Product design is often crucial for market reception and sales. Design may also facilitate user friendliness and ease of manufacturing.
Registered designs protect the design of products in the wide sense for example, the physical design of products, packaging, logotypes and websites. Technical features can not be protected by design. If the product has novel technical features, it may be possible to protect it with a patent instead.
Noréns can assist you with making a design protection strategy, drafting and filing design applications, and assist in infringement procedures. We also assist with the drafting of agreements such as for example licensing agreements.
FAQ
I have an idea, but I don’t know if I should patent it or apply for a design protection?
Patents are used to protect technical solutions, and do not protect the design as such. Designs, on the other hand, are not concerned about technical functions, but protect only the design. Therefore, it depends upon if the idea is primarily of a technical nature, of if it for example is a novel design of a product which is already known. In many cases, design protection is also an inexpensive way to supplement a patent protection.
What is protected by a registered design?
A design registration protects the aesthetic appearance of the protected article. A technical function, however, is not protected. Technical solutions are protected using patents.
Can I disclose my design before I apply for a design protection?
The best thing is to file a design application before the design is shown to third parties, but under certain circumstances it is possible to obtain a design protection for an already disclosed design.
Can I apply for a design protection myself?
Yes, in some cases. However, by appointing a professional representative you will substantially increase your chances of obtaining a good design protection in countries where protection is wanted. An experienced representative knows what it takes to accomplish this.
Do I have to apply for a design protection in all countries at the same time?
No, you may start with one application, and then file applications in other countries within six months. The first application may, for instance, be a Swedish application or a EU application.
Can I apply for a EU design protection?
Yes. There is a Registered Community Design (RCD), covering all EU member states.
Is a Swedish design application also valid in other countries?
No. It is only valid in Sweden.
