What can be protected as a design?

Designs are configurations of products or parts of products that are characterised particularly by the arrangement of lines, surfaces, contours or colours or by the materials used.

In order to obtain effective design protection, a design must be novel and possess individual character. Moreover, a design, or features of a design, may not be solely dictated by the products technical function. Some additional grounds for exclusion of protection are provided for in the Design Act.

A design lacks novelty if an identical design has been disclosed prior to the filing or priority date anywhere in the world and if - as a further criterion - the design could have become known to the relevant Swiss market circles (producers, dealers, consumers) under the circumstances of the disclosure. The disclosure of a design in foreign countries will therefore not necessarily affect the criterion of novelty as far as Switzerland is concerned.

A design possesses individual character if it is not obvious and if it shows at least a minimum of creative effort. Moreover, it must differ sufficiently from existing designs. The overall impression resulting from a direct comparison by informed users is decisive; this overall impression must differ from existing designs in essential characteristics. Varieties in details, even if numerous, are not sufficient if the overall impression remains identical or similar.

The disclosure of the design by the designer or his/her legal successor has (in contrast to patent law) no influence on the requirements of novelty and individual character for the twelve months period before the filing or priority date.

What is required for depositing a design?

At least one reproduction per design is required although it may be advantageous to file more than one reproduction, each illustrating different views of the design.

The reproductions should be of reproducible quality and may be in black and white or alternatively in colour if the colours are to be protected. The reproductions may only show the design on a neutral background. Moreover, the reproductions may not contain any explanatory remarks (e.g. dimensional data) nor may they include shadows.

We also need to know the name and the address of the depositor. If the depositor is not the designer, then the name and address of the designer must be given for a Swiss design deposit; a declaration of assignment is, however, no longer required. Finally, in order to classify the design according to the Locarno Convention, an indication should be given of the kind of products for which the design is intended to be used.

What are the costs for a design deposit?

The costs of a Swiss design deposit amount to approximately CHF 1300, and of an international design deposit to approximately CHF 1000, although the costs for the latter can vary considerably depending on the number of designated countries (including attorneys fees).

If several designs fall under the same class of the Locarno Convention, they may be filed together in a bundle, a procedure which may reduce the costs significantly.