Law of registered designs / design law - horak Attorneys at law, Germany

What is a design?

The German Design Act protects the appearance of a product or part of a product. A valid registered design must, in particular, be new and have individual character. The overall impression on the informed user and the designer’s freedom are relevant. Patent-law inventive step or a special level of aesthetic quality is not required.

For example, designs of technical devices, designs of consumer goods and packages can be protected.

However, under design law, which has entered into force in 2003, separate parts of an end product, for example a car, can only be protected if they are visible during their intended use. This limitation results from the EU harmonisation. However, separate parts, such us a wing, a bonnet or a shock absorber can be protected as designs, as long as they fulfil the requirements for protection as separate parts.

What are the differences between design law and copyright law?

German designs are registered without examination of novelty and individual character; these requirements may be assessed later. Copyright arises without registration where an identifiable expression is the author’s own intellectual creation. Design and copyright protection require separate assessments and may coexist. Applied art is not subject to a special, generally higher artistic threshold.

A registered design can be protected for a maximum of 25 years from the filing date, subject to maintenance of the right. A German multiple application may include up to 100 designs without a unity-of-class requirement. An EU multiple application may include no more than 50 designs. The national and EU filing routes must be distinguished.

The EU system is governed, from 1 July 2026, by codified Regulation (EU) 2026/715 on European Union designs and the applicable delegated and implementing rules. EU designs, formerly called Community designs, cover the European Union. National rights and transitional rules require separate assessment.

How long is design right protection effective?

Protection of a German registered design begins upon registration. Its maximum term is 25 years from the filing date, subject to the requirements for maintaining the right. Registered and unregistered EU designs must be distinguished from this national right.

What territorial protection does a design offer?

A German registered design protects in Germany. EU designs cover the European Union, not every European country. The Hague System can provide protection in designated contracting parties, subject to the applicable requirements; it does not create an automatically worldwide design right.

Can a design be announced before registration (novelty period of grace)?

Design law provides a twelve-month grace period subject to statutory conditions. This must not be confused with technical intellectual property rights: section 3(1) of the German Utility Model Act provides a six-month grace period for qualifying disclosures originating from the applicant or predecessor in title. Disclosure should be assessed separately for each intended jurisdiction.

Under certain conditions which absolutely have to be fulfilled (especially: Eigenveröffentlichung) designs can be announced prior to their registration.

How does a design come into being?

German designs come into being by means of a registration at the German Patent Office after an application has been filed. For this purpose there is a form by the German Patent and Trademark Office (http://www.dpma.de). You should consult an expert in case a collective registration is advisable.

What is the course of the registering process of a design?

At first each application received undergoes a primary check, the purpose of which is merely to state whether there are evident lacks, e.g. whether documents / forms are lacking.

At the end of the checking procedure an acceptance certificate or a rejection is issued. Then a design is published or entered in the Register of Designs.

Is it possible to challenge a design by means of interference proceedings at low cost?

Contrary to patent or trademark law, there is no deadline for interference/contradiction proceedings in the area of design law.

An application for a declaration of invalidity of a German registered design may be filed with the DPMA under section 34a of the German Design Act. This administrative procedure must be distinguished from court proceedings.

Invalidity proceedings examine the grounds relied on, including lack of novelty or individual character. Patent-law inventive step is not a design requirement.

What do we need to register your design?

An application requires, in particular, suitable clear representations of the design, applicant and product details and any priority information. The representation defines the protected subject matter; a description or physical example does not replace the required representation.

In the initial phase we only need general information on the area in question (furniture, fabrics, consumer goods, technical design, package, etc.) to plan further proceedings so that our expert in charge can contact you and settle further details with you, including estimation of costs.