Content

Design searches

What is the purpose of the search?

Before filing a design application, you should gain information on the existing pool of design creations and perform a search for prior registered designs. The search for registered designs in the DPMAregister Internet service and other platforms helps you to find out if your design meets the requirements for protection, “novelty” and “individual character”, or possibly infringes earlier rights. Before registration of the design, the German Patent and Trade Mark Office (DPMA) does not examine whether these requirements for protection are met or whether similar or identical designs are already registered. A possible collision with earlier IP rights will only be determined in the case of a dispute by the civil courts or during invalidity proceedings before the DPMA.

To be able to effectively defend your design, you should conduct regular searches and observe the market also after the registration of your design.

How to find the right strategy for your search

All industrial or handicraft items which are used in trade or which, for example, were exhibited on a trade fair can conflict with the protection of your registered design. Before filing an application, you should also search for identical or similar designs in the DPMAregister Internet service and the databases of other patent offices. Furthermore, you should expand your search to Internet search engines, fair catalogues, product directories or trade platforms on the Internet. The regional patent information centres, patent attorneys and IP lawyers will provide assistance to you before you file a design application to help you find the right search strategy or they will conduct such a design search for you.

Search in the databases of the DPMA

Search also in international databases

Community designs of the European Union Intellectual Property Office (EUIPO) or international registrations of designs of the World Intellectual Property Organization (WIPO) might also conflict with your German design. That is why you should also search the following databases:

• eSearch plus (EUIPO)
• Hague-Express (WIPO)
• Designview (EUIPO, WIPO and National Offices)
• Global Design Database (WIPO's search engine for designs from national and international sources)

The design classification will be useful when you conduct a search.

Using classification symbols will enable you to conduct a language-independent and systematic search. The "International Classification for Industrial Designs under the Locarno Agreement" classifies goods in certain classes and subclasses. Equivalent designs will consistently be attributed to a concrete class of goods.

You will find more information on the site Locarno Classification.

Do you have any further questions?

• You can contact the central customer care and services of the DPMA (phone: +49 89 2195-1000).
• The search support database hotline (phone: +49 89 2195-3435) will be pleased to answer your questions on searches.
• Expert staff provide assistance in the search rooms of the DPMA in Munich and Berlin. There, all services offered by the DPMA are available to you.
• The patent information centres (Patentinformationszentren) also provide expert assistance to you.
• Searches are also offered by commercial information brokers and patent search agents which you can find via all major Internet search engines.
• The DPMA also offers workshops and seminars on IP searches and searches. You will find the dates on the events page.
• You can use the new online-assisted search. Here you meet virtually on the Internet with search experts of the DPMA who will support you individually in your search.

Picture: iStock.com/narvikk

Last updated: 17 December 2024