A design patent hk https://www.accoladeip.com/hk/en/patent-fee-schedule/ is a type of patent that protects the ornamental features or appearance of an article of manufacture. Examples include designs of jewelry, furniture, beverage containers and computer icons. In order to be granted, a design patent application must include drawings that meet specific disclosure requirements. This is a very complex area of law and the best course of action is to consult with an experienced patent attorney or agent who specializes in design patents.
What is a design patent?
A design patent is a type of intellectual property (IP) protection that is granted to protect the overall visual appearance of an article. This type of protection is often used to cover the look of consumer goods such as cell phones, handbags and shoes.
While utility patents are well-known, a design patent can be an important tool for protecting an item’s unique aesthetic features. They are also inexpensive to obtain, and once issued do not require maintenance fees.
Copyrights can provide similar IP protection, but the standard for infringement is much more rigorous. In order for a design patent to be infringed, deliberate copying must be proven, and the resulting articles must be independently derived from the protected design.
A design application must include a drawing disclosure, which illustrates the claimed invention. This is different from a utility application, which typically describes the invention in a written claim.
What are the requirements for a design patent?
design patent hk must protect the visual ornamental characteristics embodied in or applied to an article of manufacture. They are not intended to cover functional features of an object, such as methods or machines.
In order to secure a design patent, you must file a set of drawings that comply with the requirements of 35 U.S.C. 112.
The drawing disclosure must contain a sufficient number of views to completely disclose the appearance of the claimed design, including front, rear, right and left sides, top and bottom. It must also include surface shading that helps show contours of the object and parts of the design that do not form part of the patent, such as elements visible behind transparent surfaces.
Views must be grouped together and arranged on the sheets without wasting space, preferably in an upright position, clearly separated from one another. They may be plan, elevation, section or perspective views. They must not be connected by projection lines and must not contain centerlines.
How do design patents differ from utility patents?
A design patent protects the aesthetic appearance of a product, while a utility patent covers the function of an invention. Both patents last for 20 years from the date they are filed, but the protection provided by a design patent is significantly less than that of a utility patent.
To get a design patent, you have to show that your invention has an original ornamental design that is nonobvious to someone who has no knowledge of the subject matter. It’s important that the ornamental design is not functional because otherwise it could be argued in court that your invention doesn’t meet the requirements to be patented.
When someone infringes on a design patent, a side-by-side comparison is made between the design patent drawing and the accused product. This allows the judge to determine whether a regular person would believe that the two products are the same when in fact they aren’t. Infringers usually pay damages when their product infringes on a design Patent.
How do design patents work?
Design patents are a type of industrial design right. They protect the appearance of an article of manufacture, ranging from jewelry and furniture to beverage containers (Fig.1) and computer icons.
However, there is an important distinction between copyright and design patents: designs protected by copyright must be original works, and only deliberate copying may infringe a copyright. A design patent, on the other hand, can cover independently derived designs without requiring proof of copying.
Design patents can be helpful when a product or other invention embodies an ornamental feature that competitors might easily replicate and sell as a knockoff. However, they provide no protection for the functional features of an item, and are not generally as quick or inexpensive to obtain as utility patents.
If you have any inquiries relating to Accoladeip, you can contact us at the page.
