A design patent registration https://www.accoladeip.com/hk/en/patent-fee-schedule/ protects the visual appearance of an object. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of items that may be protected by a design patent. A design patent can prevent others from making a product that looks too similar to your patented invention. The standard is a simple one: Does the infringement appear to an ordinary observer so that they would be deceived into thinking that it was your patented product?
It lasts for 14 or 15 years
A design patent is a form of intellectual property protection that lasts for 14 or 15 years, depending on when the patent was filed. This protects the appearance of your invention and prevents others from making, selling, or using a product that looks similar to yours.
If you have a design patent and another company makes a product that looks similar to yours, you can file a lawsuit against them for patent infringement. This will allow you to collect damages from the infringer and help you recover lost profits.
The United States changed the design patent term from 14 years to 15 years in 2015, but you should check your filing date to ensure that it will still last for the full 15 years. The new terms apply to all U.S. design patents issued from applications filed on or after May 13, 2015.
It does not require maintenance fees
A design patent registration is a form of intellectual property that protects ornamental aspects of an invention. Unlike utility patents, which protect functional aspects of an invention, design patents are not required to pay maintenance fees throughout their lifespans.
However, even though a design patent does not require maintenance fees, it still has to be renewed in order to keep the patent in force. Maintenance fees are due every six months, three, 7.5 years, and 11.5 years after the original patent was granted.
If the maintenance fee is not paid, the patent will expire and lose all rights. This can result in releasing the invention into the public domain, which could lead to someone else using it. Therefore, it is important to make all payments on time.
It is a form of intellectual property protection
Design patents are a form of intellectual property protection for those who create products. They offer protection for the unique visual features of a product, such as jewelry, furniture, beverage containers and computer icons.
The process for obtaining a design patent can be complex, and it is important to work with a lawyer who has experience in the area of intellectual property law. They can walk you through the process, help you decide if a design patent is right for your product and ensure that you are protected.
In addition to protecting a product’s appearance, design patents also allow owners to prevent others from manufacturing a product that so closely resembles the design in question that an ordinary observer would assume that the product was the original. This is known as the ordinary observer test and was developed by the United States Supreme Court in 1872.
It is a competitive advantage
The visual appearance of a product is often the most critical feature when customers make purchasing decisions. This makes a design patent an essential part of any company’s intellectual property strategy.
Especially in the consumer products industry, where a product’s appearance can be as important as its functionality, design patents can provide overlapping protection and enhance competitive advantage. Companies like Apple and Samsung have used design patents to create market barriers around their products, limiting their rivals’ ability to copy them.
To be eligible for a design patent, the invention must be novel and non-obvious to others in light of prior art. Moreover, the application drawings must clearly show the features sought to be protected by patent.
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