Patentstyret
Patentstyret
Designs
You have invested a lot of time and resources creating an innovative and original appearance for your product. Protect your investment! An appealing design has become increasingly important in the competition for customers.

What is a design?

A design applies to the shape and outward appearance of an article.

To obtain a registration, your design must fulfill certain requirements.

 

Why register your design

A design registration documents your rights to a particular design, making it easier to prevent others from using it.

It can give you an important competitive edge because you have sole right to use the design commercially: in production, advertising, sales, import, etc. A monopoly is one of the greatest advantages you can have in a competitive market.

A new design is often based on new ideas and a considerable investment in time and resources on the part of yourself and your business partners. This investment deserves protection!

By being able to document your right to a design, you have a sound basis for negotiating finance for your development costs and for entering into sales and licensing agreements with other parties.

 

Which designs can be protected? 

  • The shape and outward appearance of an article, for example the shape of a toothbrush, car, telephone or piece of furniture.
  • Parts of an article, for example the head of a toothbrush, the leg of a chair, the keypad of a telephone
  • The appearance of non-physical articles such as a screen image, typefaces and graphic symbols
  • Ornamentation, for example the decoration on a set of chinaware or the motifs on textiles and wallpaper.
  • An interior design, for example the interior design of a café

Technical solutions are not protected by design registration.
If your design includes a technical solution, which you would like to protect, you will have to file a patent application as well.

 

The design must be new 

In order to register your design, the design must be new. It is considered new if it has not been publicly disclosed in such a manner that it could have become known in the normal course of business to the circles specialized in the sector concerned, operating within the European Community.

If you publicly disclose your design, you have 12 months from the date of disclosure, to file an application for design registration. Your design is not protected until the application has been filed.

Its appearance must differ significantly from previously known designs. 

 

Where and how do I apply to register a design? 
In Norway: 

To apply for design protection in Norway, an application should be filed to the The Norwegian Industrial Property Office.  
A Norwegian design registration is only valid in Norway.  
Application Form for Design Registration (application forms are in Norwegian only)
For information on applying for design registration outside Norway, see Design registration outside Norway. 

 

What should you consider before filing an application?

  1. An application cannot be changed after filing.
     
  2. The Norwegian Industrial Property Office does not carry out a novelty search on new design applications. However if you are uncertain, you may request a supplementary search. A search will then be carried out in our database, and you will receive a report as an aid to helping you decide whether to uphold your application or withdraw it.
     
  3. It is a good idea to check whether a design the same or similar to yours has already been registered, before you spend time and money developing it. The Norwegian Industrial Property Office Search and Examination Service carries out fast, reasonably priced investigations on your behalf and can also assess the results. More information on searches.
     
  4. Your application is kept confidential for a maximum of 6 months, unless otherwise specified in the application. You can then withdraw your first application without it hindering the originality of any new design you may wish to register. You may also choose to keep your application secret for a particular period of time, up to a maximum of 6 months. This procedure may be a good idea if your design is not quite complete.
     
  5. Pictures of the design must be enclosed with the application. Pictures should be of the best possible quality since they will form the basis for the protection you will receive.
     
  6. If you wish to register part of a product, make sure that the application shows this distinctly. 
     
  7. If you have several versions of the same design, you should apply at the same time for protection for those you believe will be relevant. You can withdraw those which are not to be used later. 
     
  8. Several designs may be included in the same application if they belong to the same class in the Locarno Classification System.
     
  9. If you are considering applying for both patent and design protection, both applications should be submitted on the same day to fulfill the requirements of originality.
     
  10. If you would like professional assistance in drafting your application before filing it to the Norwegian Industrial Property  Office - look under "patentbyråer" in the Yellow Pages (These pages are in Norwegian only).  
      
  11. The application must be filed in Norwegian. Other documents may be in Norwegian, Swedish, Danish or English.

 

How much does it cost to apply to register a design in Norway? 

Charges consist of a basic fee of NOK 1300 giving protection for 5 years for up to three classes.
If you wish to apply for protection for more than three classes, the fee is NOK 400 per class.
If you wish to deposit a model of your design, an additional fee of NOK 1100 is payable.
If you wish to register several designs from the same class in one single application, a fee of NOK 850 is payable for each additional design.
List of fees 

 

How long is a design registration valid?

A design registration is valid for one or more periods of five years from the date of filing of the application. Registration can be renewed for one or more periods of five years each, up to a total term of 25 years from the date of filing. (For spare parts, the maximum period of protection is 5 years. Spare parts are products used for the purpose of repairing complex products.)

If design protection is deemed to have been granted on a false basis, it is possible to request the Norwegian Patent Office to make an assessment.

Registration may also be declared void by legal decision.

When protection ceases, the design may be used by anybody. In certain cases however, other parties' rights to use the design can be limited in accordance with other legislation. 

 

If you have any queries concerning design protection, please

contact the Norwegian Industrial Property Office Information Centre, tel: 22 38 73 33,
e-mail: This is a mailto link,
or visit us at Sandakerveien 64, in Oslo  
  
Application Forms (in Norwegian only)  
  

Last changed: 24/11/2009

Nordic Patent Institute

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