To be valid, your industrial design must be new. The experts of BRANDON IP can help you in determining whether previously filed industrial designs are capable of destroying this novelty criterion and becoming an obstacle to your filing.
Similarly to trademarks, it is recommended that, prior to any filing, one should carry out a clearance search.
This process will also allow ensuring that you are not infringing on prior rights when using your industrial design.
To carry out the availability search, we particularly use digital databases, operating by the Locarno classification.
Once the results of these databases are obtained, our legal practitioners study them in detail and submit their analysis of the search to you.
Note that contrary to the searches regarding trademarks, industrial designs are not subject to a use requirement.
Apart from novelty, the industrial design must produce a globally different impression from the one produced by any other existing industrial design, for an informed user.
An informed user is a person having knowledge of designs in the sector concerned.
A clearance search in industrial designs cannot be exhaustive, insofar as it has to integrate all creations, including those that have not been filed but are only protected by copyright. Since copyright protection may be valid without any filing formalities, it is currently not possible to carry out a comprehensive search on prior copyrights.