Before you file your design application, there are a number of important things to be aware of. One of the first things you should consider and be clear about is what you want protection for. In most cases, it is because you want to have exclusive rights to what you have created and, as a result, have the opportunity to earn more money from it.
Protection is not always necessary
There are some cases when protection is not necessarily the best solution. If you have created something which has a very short lifespan, you might not need to apply for design protection as your competitors will not have enough time to plagiarize it in the short time that it is in demand.
If it is a fashion product, such as clothes, the product might not be around for that long.
Finish designing before the application
Once an application has been filed with PRV, as a rule, the appearance of the product cannot be changed. So it is important that you have thought through how you want the product to look, before you submit the application. If you change the appearance after submission, you risk having no protection for your product, because it no longer looks like the product you originally protected.
Find out if the product is unique
When you submit your application, it is important that you have checked that the design meets the legal requirements placed on it for design protection. It is also important for you to find out if the design is unique, so that it does not infringe someone else's protection. In 2002, the design protection law was changed so that, in principle, PRV's examination only covers formal hindrances, such as whether the form has been completed correctly. However, the design is also examined to make sure that it is not contrary to public order and morality, and that it does not include official designations.
As the applicant, therefore, it is your own responsibility to investigate and make sure your design differs from previously known and registered designs. Otherwise you risk infringing someone else's protection.
Questions to ask yourself
Have I made my design public – and if so, what does that mean? Is it enough to apply for protection in Sweden or do I want broader protection elsewhere? Is the design unique?