My client wants to file a registered design. Should we do a search for earlier registered designs?
Are we talking about a prior art search or about a Freedom-to-Operate search?
I have never in my lifetime seen someone do a prior art search for designs unless we wanted to file a revocation request against an existing registered design.
The reason for that being that the scope of protection of a registered design - different from a patent - is usually only determined during litigation proceedings in court.
In practice we never ask whether a design is novel prior filing. Even if there are similar designs in the market, the patent offices will never examine for novelty of registered design applications.
So we just file what we have but we must tell client that they may face revocation proceedings later. Which will never happen. "Never" as in "very likely never".
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.