Patent law, trademark law, and design law

Then you should consider protecting the idea or product!
There are various ways to do this: through patent law, trademark law, or design law.

Patent Law for the Protection of Inventions

Patents protect technical inventions that are new, inventive, and industrially applicable.

A patent is suitable for:
- New machines, devices, materials
- Technical processes (e.g. manufacturing methods)
- Software with a technical character

And makes sense when:
- You have developed a technical solution to a problem
- Your innovation is new, inventive, and technically applicable

The aim is to:
- Prevent competitors from copying the product
- Secure a technological competitive advantage
- Create licensing potential for larger manufacturers

Further Facts About Patent Law

Duration of protection: A patent generally has a maximum term of 20 years from the filing date.
Filing: In Germany, patents are filed with the German Patent and Trademark Office (DPMA).
Publication: A patent application is published 18 months after the filing date.
Examination procedure: A patent is granted only after successful substantive examination – unlike a utility model, which is a purely registration-based right.
Territorial effect: Patents are valid only in the countries in which they are filed and granted (there is no such thing as a global patent).
Infringement protection: In case of unauthorized use, you can demand injunction, damages, and destruction.
Compulsory license: In exceptional cases, third parties may obtain a compulsory license if public interests are affected.
Licensing: Patents can be licensed or sold – like an economic asset.
Priority principle: Whoever files an invention first is granted the protection right – regardless of who made the invention first.

Trademark Law

Trademarks protect signs (e.g., words, logos, colors) that identify the goods or services of a company.

Suitable for:
- Logos, names, slogans
- Product labels
- Colors, sounds, or shapes (e.g., the Coca-Cola bottle)

Makes sense when:
- You want to create recognizability for your business/product
- You want to build long-term brand value
- You want to protect your product from confusion or exploitation of reputation
- You want to secure your branding for an unlimited time (renewable every 10 years)

The aim is to:
- Build brand awareness
- Protect against the risk of confusion
- Prepare for expansion or franchising

Further Facts About Trademark Law

Unlimited duration of protection: Trademark protection can be renewed indefinitely – every 10 years.
Filing with the DPMA: Trademarks are also registered and examined in Germany by the German Patent and Trademark Office (DPMA).
Use requirement: A trademark must be used seriously, otherwise it can be deleted (after 5 years of non-use).
Distinctiveness: A trademark must be distinctive and may not consist solely of descriptive terms.
Types of trademarks: There are word marks, figurative marks, combined word/figurative marks, 3D marks, sound marks, color marks, etc.
Similarity check: The DPMA does not check for older similar trademarks during registration – this is the responsibility of the owners.
Opposition procedure: An opposition can be filed within 3 months of publication against a new trademark.
International registration: Through WIPO (Madrid System), a trademark can be protected internationally.
Rights of the owner: The trademark owner can take action against confusion, exploitation of reputation, and trademark piracy.

Design Law

(also called Registered Design or formerly Industrial Design)

Design law protects the external appearance of products – including shape, color, pattern, lines, or surface texture.

Design law is therefore suitable for:
- Product designs, fashion designs, packaging
- Furniture, jewelry, vehicles, UI designs
- Graphic symbols and interfaces

Makes sense when:
- You want to protect the visual appearance of a product
- Your design is new and has individual character
- You want to prevent easy imitation by design pirates
- You aim for protection of up to 25 years (renewable in 5-year increments)

The aim is to:
- Protect against imitators with a similar look
- Distinguish your product through a recognizable design
- Gain protection even when the technical function is not visible

Further Facts About Design Law

Non-technical: Unlike patents, design protection does not cover technical functions – only the appearance.
Novelty: The design must be new – meaning it must not have been disclosed prior to registration (with some exceptions, see point 5).
Individual character: The design must have what is called individual character – it must differ in overall impression from existing designs.
Grace period: After disclosing a design, the applicant has 12 months to file it with the DPMA – after that, it is no longer considered "new".
Duration of protection: A registered design is protected for an initial period of 5 years, extendable up to 25 years (in 5-year increments).
Filing with the DPMA: In Germany, registration is also done through the German Patent and Trademark Office (DPMA). No substantive examination is conducted.
No novelty check: The DPMA does not check if a design is new – this is only assessed in case of a legal dispute (e.g., in court).
Rights of the owner: The design owner can prohibit use by others and take legal action for injunction, damages, or destruction in case of infringement.
Types of designs: Protected can be e.g. fashion, furniture, packaging, technical devices, graphics, interface designs, and much more.
International registration: Designs can be protected internationally via the Hague Agreement (WIPO) or the EU design system (EUIPO).
Not protectable: Designs determined solely by their technical function are not eligible for protection (e.g., the profile of a gearwheel).
Design piracy: Unauthorized copying or imitation can be prosecuted as design infringement.
Unregistered EU design: There is also an unregistered EU design, which offers 3 years of protection from the date of publication – without registration, but with lower evidential value.
Design vs. copyright: A design may additionally be protected by copyright law – though this is rarer and harder to enforce.

Combination of Different Rights

A product may be covered by multiple types of intellectual property rights. That’s why you should consider whether combining different protections is the right approach!

Here’s a simple example:
You’ve developed an innovative camping stove that uses a completely new technology.
So you could apply for:
- a patent for a new heating system
- the design for the housing designed according to your ideas
- the trade mark for your product name

Applicable Fees

Information on all fees related to the registration and maintenance of intellectual property rights, as well as further guidance, can be found on the website of the German Patent and Trademark Office (DPMA).

Where Can You Find Advice and Support?

Advisory Days
Check out our events! At regular intervals, the Chambers of Industry and Commerce (IHKs) in the region offer advisory days on patents, trademarks, and other intellectual property rights.

DPMA
You’ll also find extensive information on the topic on the official website of the German Patent and Trademark Office (DPMA).

Chambers of Commerce and Skilled Crafts
If you have questions, you can also contact your local Chamber of Industry and Commerce (IHK) (Neubrandenburg, Rostock, Schwerin), Chamber of Crafts (Ostmecklenburg-Vorpommern, Schwerin), or your professional association.

Patent and Standards Center
The Patent and Standards Center (PNZ) of the University Library Rostock also provides information and services related to intellectual property rights.

Patent Attorneys in Mecklenburg-Vorpommern
There are also several patent law firms in Mecklenburg-Vorpommern that can support you with concrete applications or legal disputes. An initial consultation is sometimes free or available at a reduced flat rate.

WIPANO Funding Program
If you have an innovative idea with patent potential, the WIPANO funding program can help cover the costs of research, consultation, and registration – often with 50% to 100% subsidies.