The novelty search must cover publications from Georgia and abroad, because publicly available prior designs may be relevant regardless of where they were published. Search the register and publications of Sakpatenti, the WIPO Global Design Database, and international registrations under the Hague System that have effect in Georgia. Also include product catalogs, trade fair documentation, websites, online shops, social media, specialist publications, and patent literature. Search by product type, similar representations, relevant product classes, owners, and earlier priorities. Compare each view of the planned design with the prior designs found; minimal differences in immaterial details are not enough to establish novelty. The founder’s own publication before filing can also jeopardize protection. Prototypes, presentations, and discussions with manufacturers or investors should therefore be kept confidential until filing and disclosed only under appropriate confidentiality arrangements. Document the sources, publication dates, source materials, and design features compared. The novelty search should be distinguished from the assessment of individual character: novelty asks whether an identical design was previously known, while individual character assesses the different overall impression.
Checking the novelty of a design before starting a business in Georgia
A design is new for the purposes of protection in Georgia only if no identical design was publicly available before the relevant filing or priority date. Designs are also considered identical if they differ only in immaterial details.
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