Design

A design registration gives the owner right to exploit the registered design in commercial activities. This means, for example, that no one other than the owner or any assignees may produce, sell, import, export or even use a product which exhibit the registered design. The same applies to products containing a part which is protected by a design registration.

A product exhibiting a novel design which also has an individual character may also be registered. The term "individual character" means that a consumer will be able to distinguish the product from other similar products on basis of its design. Products which do not have any regular appearance because of its structure, such as powder and verbal descriptions, cannot be protected by a design registration.

Design search

It is difficult to determine whether a new item (goods/product) exhibits an original or novel shape or appearance. The reason to this is that there is not world-wide product database. However, it is possible to determine, with a high degree of probability, if there are any older design registrations which may become a bar against utilization of the design made.

Application requirements

In accordance with the Design Code, a "design" is the appearance of a product or a part of the product which in particular follows the characterizing features of the lines, contours, colors, shape, structure or material of the product, or the product ornamentation.

Design Application

A design application is filed at the Norwegian Patent Office - Patentstyret, optionally through an IP Office/patent agent, such as Curo AS. The application form must be accompanied with a proper picture or some other graphical description of the application subject.

Illustrations

A design application is based solely upon one or more pictures or graphical illustrations of the item in question. A design registration should never contain dimensional measures, show text or contain any functional description, or show persons or other elements which do not belong to the item per se. For example, it is not acceptable to illustrate any clothing on the body. Similarly, it is not acceptable to include another object in order to illustrate a dimensional relationship. Technical drawings and construction drawings are not acceptable. The biggest format of a design illustration or photo is A4. The illustration must show only the product intended to be protected, and the background should be neutral. If the object is to be protected in color, the illustrations must be submitted in color.

Applications processing

A design application is processed by an Examiner at the Norwegian Patent Office (Patentstyret). According to the new Code of May 1st, 2003, the processing is limited to formalities only. The formalities are related do control of description, classification, sufficient number of illustrations and other formal requirements.

Foreign design applications

A design application may form a foundation for a design registration in many countries. Under an international convention, it is possible to postpone filing of applications abroad for a maximum of 6 months, without losing any rights.

An approved design registration is in the beginning valid for five (5) years from the filing date. Then, the registration can be renewed for another five years, and so on, to a maximum of 25 years from the filing date. For spare parts, the maximum protection period is five (5) years only.

Patentkontoret CURO

Design search

Application requirements

Design Application

Illustrations

Applications processing

Foreign design applications

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