Design patent registration hong kong https://www.accoladeip.com/hk/en/patent-fee-schedule/ are a type of intellectual property protection that provides protection for the overall visual appearance of a product. These designs may cover a variety of items, including cell phones, handbags, clothing accessories, jewelry, containers, housewares, product packaging, toys, medical devices, symbols and graphics.
Similar to utility patents, a design patent application contains drawings and one claim that explains what is protected. The claim is used to determine infringement when an infringing product looks too much like the patented design. This standard is known as the ordinary observer test and was established by the U.S. Supreme Court in 1872.
Definition
A design patent is a special type of patent granted for an original, new or unique manufactured item’s appearance. It protects only the ornamental or aesthetic features of an item, not its functional or structural aspects.
However, the design of a utilitarian article may be protected by a design patent if its ornamental features are so prominent that the product cannot be made or used without them.
This means that a design may be patented for a glass bottle, a guitar, a tread pattern on a shoe, or any other form or ornamentation that was created to make the object look better. But if the product was designed to work better or save money to make, then the creator should file for a utility patent rather than a design patent.
Purpose
Design patent registration hong kong are an important tool for protecting a product’s appearance and unique structure. They can also help a product stand out in a crowded market and attract customers.
A design can be patented by demonstrating that the design is both novel and non-obvious. In addition, the design must be applied to an article of manufacture and it must have a useful function.
The design can be a configuration of an article, surface ornamentation or a combination of both. According to 1 Donald S. Chisum, “the term ‘design’ is used to encompass any visual characteristic embodied in or applied to an article of manufacture.”
Filing
Design patents differ from utility patents in that they are based on drawings instead of text. Each application requires a set of drawings that describe the overall visual appearance of your invention.
The design can include a number of shapes, patterns, and ornamentation. However, the design must be different from any existing forms or designs in order to qualify for a design patent.
The United States Patent and Trademark Office (USPTO) requires a set of six viewable drawings that show the overall appearance of your invention. A perspective view is sometimes helpful as well.
Eligibility
In order to qualify for a design patent, an item must be new and non-obvious. It also must be a product of aesthetic skill and artistic conception.
The application must be accompanied by drawings of the design. These drawings show the product with its unique design and should include different views of the design – top, bottom, front, side, and rear view.
These drawings should be submitted as black and white photographs or ink drawing. A coloured photograph, however, can be included if the applicant obtains permission to do so from EUIPO.
Claims
A design patent is a type of intellectual property protection that protects the appearance of an article or product. This includes configuration, shape, and surface ornamentation.
However, design patents do not cover structural or utilitarian features of an article of manufacture. This type of protection is often a good option for protecting products that are not useful in the way a utility patent can be used.
The design claim in a design patent is made up of a series of drawings or photographs that show the exact appearance of the design sought to be patented. These drawings or photographs must comply with the disclosure requirements of 35 U.S.C. SS 112 in order to be valid.
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