In Germany, design refers to the plane or three-dimensional appearance of the whole product or a part of it, especially protected by the lines, contours, colors, structures, surface structures or material characteristics of the product itself or decorations.
First, the authorization conditions of the design.
1. Only novel and creative designs are protected by this law.
2. If the same design is not published before registration, the design should be innovative. Differences only in unimportant details shall be regarded as the same design.
3. If a well-informed user's overall impression of other designs published before the application date is different from that of the design, the design is original. When judging creativity, we should consider the creative freedom of designers in design.
2. The design patent has not been granted.
1. In the following cases:
(1) The product only has the appearance characteristics of the technical characteristics of the product;
(2) The appearance features of the product must be reproduced according to the determined shape and size, so as to ensure that the product containing or using the design can be mechanically connected, placed, connected or enclosed with another product, and each product can play its function;
(3) Designs that violate public order and good customs;
(4) It constitutes a sign listed in Article 6 of the Paris Convention, or abuses other signs, symbols or signs with public interests.
2. If the appearance features mentioned in Item (2) of Paragraph 1 are used for the combination and connection of products that can be replaced with each other in a model system, the protection of appearance design is not excluded.
The above is the introduction of the conditions for granting German design patents. Through the above, I hope everyone can understand. If you want to apply for a German design patent, you can consult Chengdu International Patent Application Customer Service to serve you.