The number of design applications filed with the DPMA in 2023 (3,774 in total) saw a slight decline (-1.5%) compared to the previous year. Nevertheless, the DPMA was the national office in the European Union with the highest number of design applications and was still among the top 10 offices worldwide. Applicants once again made extensive use of the option to combine designs in a multiple application. It is possible to combine up to a total of 100 designs in multiple applications filed via DPMAdirektPro, an e-filing software, or on paper. A web-based filing platform, DPMAdirektWeb allows multiple applications comprising up to 20 designs to be filed. In 2023, around two thirds of applications used DPMAdirekt Web (66.4%).
It is remarkable, though, that on average fewer designs than in the previous year were combined in the multiple applications. In 2023, eleven designs were filed on average in a multiple application (2022: 12 designs), so a total of 28,934 designs (-14.4%) were filed (2022: 33,817). The reasons can be various. One reason might be that, of the four IP rights at the DPMA, the design is the one most subject to business fluctuations, since applicants make a more targeted selection of the types of reproductions and variants of their designs and, accordingly, make only selected filings. This is particularly noticeable in very design-intensive industries with seasonally dependent designs, such as the fashion and textile industry.
Last year, we conclusively processed requests for entry in the register for a total of 29,744 designs. Compared to the previous years, the Design Unit considerably reduced the duration of design registration procedures. The number of designs entered in the design register was 27,011; this corresponds to 90.8% of the completed procedures (2022: 91.0%).
At the end of 2023, 248,890 designs were registered in our design register.
With 94.1%, most of the designs registered at the DPMA last year originated again from Germany, i.e. they were filed by proprietors having their residence or principal place of business in Germany. This means that the total proportion of registered designs from abroad remained almost constant compared to the previous year. A total of 1,230 registered designs came from other European countries (2022: 1,785), 377 from non-European countries (2022: 334). In 2023, most foreign registered designs originated once again from Switzerland (513 registered designs).
| countries of origin | Registered designs | Percentage |
|---|---|---|
| Germany | 25,404 | 94.1 |
| Switzerland | 513 | 1.9 |
| Austria | 243 | 0.9 |
| Poland | 227 | 0.8 |
| Czech Republic | 140 | 0.5 |
| USA | 134 | 0.5 |
| China | 79 | 0.3 |
| Japan | 65 | 0.2 |
| Taiwan | 45 | 0.2 |
| Luxemburg | 25 | 0.1 |
| Others | 136 | 0.5 |
| Total | 27,011 | 100 |
With 30.6%, most of the 25,404 domestic designs registered in 2023 came from North Rhine-Westphalia (7,778 registered designs). For 15 years in a row, North Rhine-Westphalia has been at the top of the list of the German Länder. In 2023, it was followed by Baden-Württemberg with 4,762 registered designs (18.7%) and Bavaria with 4,246 registered designs (16.7%).
If the cursor is moved over the chart, it shows the registered designs in 2023 and the registered designs per 100,000 inhabitants as well as the change in percent per German Länder (residence or principal place of business of the applicant).
In 2023, most designs (4,496 designs, i.e. 14.4%) were once again registered in the class of goods 6 (furnishing). The class of goods 2 (articles of clothing and haberdashery) came in second with 12.4%, followed by the class of goods 32 (graphic symbols and logos, surface patterns, ornamentation, arrangement of interiors and exteriors) with 12.1%.
Top 5 Classes of goods
Classes of goods of registered designs1 at the DPMA2 in 2023
Classes of goods of registered designs1 at the DPMA2 in 2023
1 A design can be attributed to several classes of goods.
2 Unlike previous statistics, this table indicates the number of the unique classes of registered designs and not the number of products.
A registered design may enjoy protection for a maximum period of 25 years from the filing date. Changes to the register entry may be made by various procedures during that period:
- Renewal or cancellation
A term of protection is five years. Renewal fees must be paid at the end of each term to renew protection. Unless renewed, design protection will lapse. An appropriate comment concerning the registered design will then be made in the register. - Extension
If a design was initially registered only for a 30-month period of protection from the filing or priority date, deferring the publication of the representation, the holder of the registered design may pay a fee to extend the period of protection to the first five years after the filing date. In this case, a comment concerning the extension will be made in the design register and the reproductions of the design will be published. - Recording of changes
We will record a change to an IP right in the register, for example, if it is transferred from the owner to another person or if there is a change of representative.
In 2023, 15 applications for determination or declaration of invalidity were filed (2022: 36). The application for determination or declaration of invalidity will be served on the holder of the challenged design after receipt of a fee of 300 euros and examination of further admissibility requirements. If the application is not contested within one month, invalidity will be determined or declared by decision of the Design Division without further substantive examination and the design in question will be cancelled in the design register after the decision has become final. If the application is contested in due time, the Design Division will conduct an official examination of the grounds of invalidity (the appearance of the product does not constitute a design, lack of novelty or individual character; exclusion from design protection; earlier conflicting rights). Subsequently, the Design Division will take a decision in proceedings that — also with regard to the costs to be borne — are essentially based on the Code of Civil Procedure (Zivilprozessordnung). In 2023, a total of 21 design invalidity proceedings were concluded (2022: 26).
In Focus Spotlight on outstanding design
An integrated electric outboard motor, a fully automatic espresso coffee machine and a woman who has changed the world — these were the highlights of the DesignEuropa Awards 2023 in Berlin. For the first time, the European Union Intellectual Property Office (EUIPO) organised its awards ceremony in the German capital. The award raises awareness of the economic importance of design — because it is becoming increasingly important.
Design is much more than just beautiful to look at. It changes the way we look at products, makes them more accessible, arouses emotions — and plays a significant role in the purchasing decisions of consumers. Now that functional differences between products have become rarer and life cycles shorter, design is often the only distinguishing feature that consumers can recognise.
The EUIPO's Design EuropaAward recognises the great importance of design for the economy and society. It honours outstanding registered and thus protected designs and recognises influential personalities in this field. Prizes are awarded in three categories: for small and medium companies, larger companies and lifetime achievement. The Lifetime Achievement Award category is reserved for individual designers with a significant body of work of aesthetic value, created over the course of a career, which has also had a demonstrable impact on the design industry.
The DesignEuropa Awards were presented for the fourth time in 2023 – and for the first time in Germany. The award ceremony in Berlin was organised by the EUIPO and the Federal Ministry of Justice. As always, the winners were chosen by a high-calibre jury from the fields of design, industry and IP law.
Vittorio Bertazzoni, Matteo Bazzicalupo and Raffaella Mangiarotti (SMEG Spa) were honoured in the Larger Companies category for their Full Automatic Espresso Coffee Machine. With professional preparation of a wide range of coffee drinks, intuitive functions and a modern and elegant design, the product won over the jury.
In the Small and Medium Companies category, Ajda Bertok (Remigo d.o.o.) received the award for its integrated electric outboard motor. The RemigoOne is the world's first fully integrated, lightweight electric outboard motor suitable for all boat types up to 1,500 kg.
One notable innovation was the “Lifetime Achievement Award”. It was awarded for the first time and went to Maria Benktzon. Her work is particularly characterised by the combination of design and ergonomics as well as inclusive designs.
DPMA President Eva Schewior congratulated the award winners: “Congratulations to all nominees and especially to the winners of this year's DesignEuropa Awards. Maria Benktzon is the first designer ever to receive the Lifetime Achievement Award. In view of the fact that only around a quarter of designers in the EU are female and that the proportion of female inventors in Germany was only 7.6 per cent, I call on the many female inventors and designers to better protect their intellectual property. This is particularly important in view of the upcoming challenges to a more inclusive, fairer and more sustainable world.”
DPMA President: DesignEuropa Awards emphasise the great importance of design as an IP right for the entire economy
Designs are an important driver of economic growth and job creation. DPMA President Eva Schewior emphasised on the occasion of the award ceremony: “The presentation of the DesignEuropa Awards underlines the great importance of design as an IP right for the entire economy. Design enriches our everyday lives and can have an emotional impact. It gives things — from drinking glasses to electric cars — a new face and makes products unmistakable. It is therefore important to protect innovative designs. Creative minds in small and medium enterprises invest a lot of development work in their products and should protect their intellectual property. For this purpose, the DPMA offers the registered design as a favourable, fast and effective IP right at the national level.”
In the last ten years, Germany has taken a leading role in the filing of registered designs. In 2022, Germany was the second most active country after China in the field of design protection with the EUIPO.
Further information on the DesignEuropa Awards and the winners can be found on the EUIPO website.
Briefly explained — Deferment of publication It is all about the right timing!
As the holder of a registered design, you have the exclusive right to use the design. However, when it is recorded in the design register, the design is also published. The date of publication can play an important role in the marketing of a product. Design law offers an interesting solution for the perfect timing of publication.
As the applicant of a design, you can request that the representations of your registered design not be published for the time being (deferment of publication of the representation). If you file a request for deferment of publication, only the bibliographic data of the design application will be published at first. The publication of the illustrations (reproductions) of the design, that means the "representation of the design", will be deferred for 30 months from the date of filing.
As long as the publication is deferred, you can check whether your design is accepted on the market at all, further develop market strategies or take final preparations for production. During the deferment period, the registered design is kept secret. This is very important in the fashion and car industries, among other things. In these sectors of industry, an early publication of a registered design might jeopardise the commercial success of the product, for example if the public is to be surprised by the new design when it enters the market (automotive industry), or if a quick copy of the product has to be expected after the announcement (fashion industry).
By means of deferment of publication, you can keep the design secret from competitors while securing the filing date as the start of design protection.
No absolute protection!
However, there is no absolute design protection during the deferment period – the design is only protected against copying. This means that you can only take action against designs that were produced and placed on the market despite having knowledge of your registered design. In the event of an infringement of your design, you therefore have to demonstrate and prove that the design challenged by you is a copy of your registered design. Independent parallel creations cannot be challenged. And it is difficult to prove knowledge of your design.
If you have filed a request for deferment of publication, protection is initially limited to 30 months. The deferment period begins on the date of filing the application. If you claim priority, the deferment period begins as early as the priority date.
As in the case of deferment of publication, only the bibliographic data are published at first, lower application fees are initially incurred. Within the deferment period of 30 months, you can decide whether to extend protection to five years from the filing date. You do not have to furnish a separate request for extension. It is sufficient if you pay the extension fee within the deferment period.
In the case of an extension, the representation of the design is subsequently published after the expiry of the 30-month deferment period. By filing a separate request, the subsequent publication of the representation may be initiated at an earlier date.
Further information on design protection can also be found on our web pages.