Example of a prior art search
Case study on the design of an armchair
STARTING POINT
We have been asked to carry out a prior art search on an armchair which is now well known to the general public, although the public may not necessarily be aware of its designer.
A European design registration for this design was filed in September 2008 by a Danish company, which is therefore claiming ownership of it against our client.
Our client therefore needs us to prove, using reliable and indisputable sources, that the Danish company does not hold the rights to this design, which existed well before September 2008.
In such cases, Paperz IP carries out a prior art search – ideally covering the period before September 2008 – not only in the design registers but also, and most importantly, in other sources (our own archives and external sources).
THE FIRST RESEARCH AREA
We began by conducting some research on the internet, where we quickly noticed that this armchair is very often associated with Mexico and the 1950s.
However, there is no indisputable source that allows us to establish a definite date of origin.
FIRST PRIOR ART FOUND
Paper magazine, April 2003, UK
Upon further investigation, we found an article in the English journal shown opposite, dated April 2003 and archived at the Musée des Arts Décoratifs in Paris.
This paper evidence constituted a strong argument, providing certain proof that the armchair existed prior to September 2008.
LOOKING FURTHER
Design exhibition, April 2008, Mexico City
This first piece of evidence is a start, but we wish to explore the theory of a Mexican origin, which has been widely circulated online.
In doing so, we have found evidence of an exhibition in Mexico, just a few months before the European application was filed. However, the armchair was presented there as dating from the 1960s, by an anonymous designer, and reissued in 2007 by a Mexican company. These new prior art references provide grounds for invalidating the Danish company’s application.
The poster and press publications about the exhibition have therefore proved to be highly valuable documents in this case.
A TAILOR-MADE STRATEGY
This case illustrates several key aspects of our research methodology:
– A multi-source approach: we explore all possible sources, in every country;
– A flexible approach: going beyond our pre-established research strategy, we proceed step by step and constantly adapt our areas of research to explore every possible lead;
– A comprehensive approach: we leave no lead unexplored and ensure we gather as much evidence as possible for your case, within the time allocated to your investigation.
"This research made it possible to restore the rights attached to each of the parties. This is precisely the vocation of PAPERZ IP."
— Camille Champion, founder of PAPERZ IP
To see examples of the research we carry out regularly on designs and trademarks