What Is a Design Patent?
A design patent hk https://www.accoladeip.com/hk/en/patent-fee-schedule/ is a type of patent that protects the ornamental features of an article of manufacture. This includes things such as a new shape of a beverage container, the particular shape and features of a shoe tread, or computer icons.
The process of getting a design patent is much quicker and less expensive than obtaining a utility patent. However, this also means that a design patent has a limited capacity of what it can protect.
What is a Design Patent?
A design patent protects the appearance of a manufactured product, such as an iPhone or a Coca-Cola bottle. This can prevent others from using your creation, and can give you a financial advantage.
A design patent application includes a title, description, and claims. It also contains drawings.
The drawings must show the object design in detail, including all sides and contours. At least seven drawings or photographs are required (not both), and a three-dimensional drawing is recommended.
Note: Black and white photographs and ink drawings are not permitted to be combined as formal drawings in one application, as it would result in inconsistencies between the corresponding elements on both types of drawings.
A thorough and accurate design patent application is essential to obtain the greatest protection. A skilled attorney or agent specially trained in this area is best suited to help you secure the most favorable results possible. Moreover, design patent applications must be filed in accordance with strict legal requirements and procedures.
What is the Difference Between a Design Patent and a Utility Patent?
design patent hk protect the visual appearance of an invention or article, whereas utility patents cover its function. If a device looks different from its competitors, a design patent can protect it from direct knockoffs.
The design of the product is what customers care about, and a design patent can stop potential competitors from copying it. However, it is important to remember that a competitor could make the same functional aspects of your product look different and still infringe on your design patent.
In order to determine whether a product infringes on your design patent, courts will compare the drawings from your application with the accused product side by side. The key is whether the resemblance of the products would deceive ordinary observers and induce them to buy one.
How Long Does a Design Patent Last?
A design patent is a type of patent that protects the appearance of an invention. This means that it protects things like cars, clothes, and laptop cases. However, a design patent does not protect things that are functional.
Generally, a design patent will last for 15 years from the date it is issued. This is shorter than a utility patent, which will usually last for 20 years.
The term of a design patent can vary from case to case. It depends on factors such as the filing date of the application, maintenance fees, terminal disclaimers, and other factors.
Design patents are often used to prevent competitors from copying an inventor’s design. This is especially true for products that offer both a unique and innovative design as well as utility.
How Can I Get a Design Patent?
If you’re looking to protect the unique ornamental appearance of your invention, a design patent may be right for you. While it doesn’t offer the same protection as a utility patent, it can be a quick and inexpensive way to secure your rights.
To obtain a design patent, you’ll need to file an application with the USPTO. This will include an abstract, a title, a description, and several drawings or photographs.
The drawings should be clearly shown and show the features sought to be patented. They should also include views of the front, back, left and right sides, top and bottom, and use surface shading to show contours.
You can only claim a single design in a design patent application, so if you have multiple designs that are independent and distinct, you’ll need to file separate applications. For example, a pair of eyeglasses and a door handle are two separate designs and cannot be claimed as one.
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