In the case of a registered design, most of the mistakes are made when filing the application, because the significance of the proper disclosure when applying is underestimated.
In the event of an infringement case, the examination of the capability of protection and scope of protection by an experienced expert is especially important.
Before rights from a registered design are lodged, it is indispensable that a thorough search for the pre-known design forms is undertaken.
In contrast to the technological protection rights, the right on registered design recognizes no abstraction of the scope of protection. This is rather more determined by the concrete features which can be obtained from the illustrations which have been deposited
FRITZ & BRANDENBURG
Edmund L. Fritz
European Patent Attorney
Malteserstraße 10 A
Tel: +49 (0) 2234 - 60366 - 00
Fax: +49 (0) 2234 - 60366 -29