Design

Design gives the proprietor exclusive right to make commercial exploitation of the registered design. No one else than the proprietor, or for example a licensee, can produce, sell, import, export or even use a product having the registered design.

A product having a new design that also has an individual character can be registered. The term individual character means that the consumer, because of the design, may make the product different from other similar products. Products not having a fixed look, such as powder and verbal descriptions, cannot be protected by design.

Design application

Application for design is filed at the official industrial property office, in Norway Patentstyret, optionally assisted by an industrial property law firm, such as Curo AS. The application form must be accompanied by a sufficient visual illustration of the design subject.

Application requirements

According to the design code, a “design” is the look of a product or a part of a product followed by the characterizing features of the lines, contours, colors, shapes, structure or material of the product or product ornament.

Handling of application

A design application is handled by an officer at the Patent Office. According to the design code of May 1, 2003, the handling only involves reality checks; the application is not examined with regard to novelty. The formality check involves classification, quality and number of illustrations, and other formal requirements.

Applying abroad

A design application forms basis for design registration in numerous countries. In accordance with an international convention, it is possible to postpone filing in other countries until 6 months from the first filing date without losing rights.