Section 1 Scope of application
For industrial designs applications including type faces applications, the following supplementary regulations shall apply in addition to the provisions of the Industrial Designs Law and the Type Faces Law.
Section 2 Application
The industrial designs application (Sec. 7(3) of the Industrial Designs Law; Sec. 2(1) No. 5, second sentence, of the Type Faces Law) shall consist of:
1. the request for registration (Sec. 3 and 4),
2. a representation of the industrial design (Sec. 5 to 7) or the type faces and a text of at least three lines composed with the characters thereof (Sec. 5(5)).
Section 3 Request for registration
(1) The request for registration shall contain:
1. the declaration that registration of the industrial design in the Designs Register is requested;
2. the name or the designation of the applicant and other indications (address) allowing the applicant to be identified;
3. the signature of the applicant(s) or his (their) representative.
(2) The request for registration shall contain a short and precise designation of the industrial design.
Section 4 Request for registration in the case of multiple applications
(1) The request for registration of a multiple application covering several industrial designs (Sec. 7(9) of the Industrial Designs Law) shall further contain:
1. the declaration that registration in the Designs Register is requested for several industrial designs;
2. a consecutive numbering of the industrial designs combined in the application or their serial or reference numbers;
3. indications allowing to assign the representations filed to the industrial designs in respect of which registration is requested;
4. if industrial designs are to be treated as basic designs or variations thereof (Sec. 8a(1) of the Industrial Designs Law), the respective designation with the indications according to No. 2.
(2) The request for registration of a multiple application shall normally further contain:
1. the number of industrial designs combined in the application;
2. a short and precise designation of all the designs.
(3) If it is requested, together with the application, that publication of the representation be deferred (Sec. 8b(1) of the Industrial Designs Law), the said request shall refer to all the designs combined in a multiple application.
Section 5 Representation; picture
(1) The representation (Sec. 7(3) No. 2 of the Industrial Designs Law) shall normally show the industrial design in respect of which protection is sought without accessories. The design shall normally be represented against a uniform neutral background. The representation shall disclose those features for which protection is sought under the Industrial Designs Law in a clear and complete manner.
(2) The representation shall durably represent the subject matter and admit of photo offset and micro-filming including microfilm prints with sharply defined contours as well as electronic image storage and reproduction. Slides and negatives are not admissible.
(3) The representation shall be filed in three identical copies. It may also consist of several graphic or photographic representations with a minimum format of 4 X 4, respectively. The representation which the applicant designates for publication in the Designs Gazette shall be submitted on a separate sheet used on one side only, or as a separate photograph. The sheet shall consist of white paper or white foil. Its caliper may not exceed 1 mm, its format shall be A4. Its form shall be square or oblong; the sheet may not be folded.
(4) The graphic representation of the industrial design shall be executed in uniformly black and well-defined lines without blurs. It may contain hatchings and shadings to represent three-dimensional details. Written explanations or indications of measures on or next to the representation of the subject matter shall normally be omitted. The observance of the requirements stipulated in Sec. 7(3) No. 2 of the Industrial Designs Law shall always be safeguarded.
(5) In respect of text matter composed of type faces (Art. 2(2) No. 5, sentence 2 of the Type Faces Law) the above provisions shall apply.
Section 6 Representation by a surface design
(1) Representation by a surface design of the product as such or of a part thereof (Sec. 7(4) of the Industrial Designs Law) shall comply with the following requirements:
1. Only one representation of the product by a surface design may be filed for each design.
2. The design may not exceed 50 X 100 X 2.5 cm or 75 X 100 X 1.5 cm. It must be folding to A4.
3. The surface design or all surface designs comprised in a collective application may not be more than 10 kg, packing included.
(2) Subsection (1) shall be applicable mutatis mutandis to the combination of surface designs to be protected as a single unit.
Section 7 Representation by the model
(1) If the model itself is admitted as a representation (Sec. 7(6) of the Industrial Designs Law), the following shall be required:
1. the model shall be filed in one specimen with the application;
2. the representation of the model under Sec. 5 shall be filed at the same time;
3. the model shall not exceed 50 X 40 X 40 cm;
4. the model shall not be more the 10 kg, packing included.
(2) If the Patent Office accepts the representation by the model, the fee (Sec. 7(6) sentence 2 of the Industrial Designs Law) shall be paid within the term fixed by the Patent Office.
Section 8 Description
Any description filed to explain the industrial design (Sec. 7(7) of the Industrial Designs Law) shall normally not be more than 100 words, in the case of a multiple application not more than 200 words.
Section 9 Division of multiple applications
(1) The declaration of division (Sec. 7(10) of the Industrial Designs Law) shall contain:
1. the file number of the application to be divided, if it has already been communicated to the applicant;
2. the number in consecutive order, or the serial or reference number of the industrial designs which are the subject matter of the divisional application.
(2) Moreover, the declaration of division shall normally contain the correct designation (Sec. 3(2)) of the industrial designs contained in the divisional application, if their designation has become incorrect due to the division.
Section 10 Defects of the application
If the application fails to comply with the requirements under Sec. 5(4), the Patent Office shall invite the applicant to remedy the defect, fixing a time-limit. If the defect is not remedied within the said time-limit, the Patent Office itself may cause the defect to be remedied. The costs accruing therefrom will be collected as charges from the applicant under Sec. 10 of the Order Concerning the Industrial Designs Register.
Section 11 German language
Requests, declarations and correspondence shall be in the German language. Use of foreign-language technical terms generally accepted within the territory of application of the present Order shall be admitted.
Section 12 Entry into force; transitional provision
The present Order shall come into force on July 1, 1988. Applications filed up to June 30, 1988, shall be governed by the provisions in effect till now.
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