Assessing a Design’s Protectability Before Starting a Business in Georgia

The assessment concerns the specific product design that is to be shown later in the application images. Novelty is lacking if an identical design was already publicly available before the relevant filing or priority date. Designs that differ only in insignificant details may also be considered identical. A design has individual character if its overall impression on an informed user differs from that of previously known designs. The assessment takes into account the design’s defining features and the designer’s degree of freedom for the product type in question. Features dictated purely by technical function cannot be monopolized solely through design protection. Before filing, check publications, sales, trade fair appearances, catalogs, and online posts for possible effects on novelty. Document design drafts, development dates, and the designers involved so that the creation and allocation of rights can be traced. The views to be submitted must show the claimed features clearly and consistently. A positive assessment of protectability does not replace a search for earlier designs or an assessment of possible third-party rights.