In order to be able to protect your design, it must be new. A design is considered as new if no other identical design has been made publicly accessible before the filing date or priority date. A design is considered as identical to another design if they only differ in unimportant respects.
A design is considered to be publicly accessible if it has been made public in connection with a registration or in some other way. The same applies if your design has been displayed, used in a professional capacity or become known in some other way.
However, your design is not considered to be publicly accessible if trade groups in the sector (within the European Economic Area) could not reasonably, in their normal business operations, have known about the publication of the design.
Novelty time limit
Neither is a design considered to have been made publicly accessible if it has been made public, or in some other way become known, by the designer within a period of 12 months before the filing date or priority date.
In order to be able to protect your design, it must also have individual character. A design has individual character if the overall impression differs from previously known designs. It is not possible to protect a design that is so simple and commonplace that it should be available for everyone to use. For example, if it is made up of simple geometrical shapes or simple striped and checked patterns. As a rule, it is not enough to just redesign an old design, for example, by changing the colour scheme or using a new material. Your design must be the result of some kind of creative activity.
It is not possible to register a design that, without permission, includes:
- A national coat of arms, national flag or other state emblem.
- A national control or guarantee designation, another designation that refers to the Swedish state and as such gives the design an official character, a Swedish municipal coat of arms, an international designation that is protected according to the Act on the Protection of Coats of Arms and Certain Other Official Designations or something that can easily be mistaken for a coat of arms, flag, emblem or designation.
Neither can a design that is contrary to morality or public order be registered with PRV.
If you want to protect a component of a product, you can only do so if the component is visible during normal use. We consider an ornament to be a product part, an independent imaginative creation used for the decoration of various kinds of products, such as paper towels, fabrics and wallpaper. Even a three-dimensional decoration can sometimes be protected as an ornament, for example, stucco imitations.
Important to consider
PRV can revoke design protection after opposition if it is found that the design, without permission, includes someone else's:
- Protected company
- Family name
- Artist name
- Copyright protected work or something that infringes someone else’s copyright.
PRV can also revoke design registration if the design does not meet the requirements of novelty and individual character.
Examples of designs