If your business has a unique product design that you’d like to protect, then you may want to consider a design patent hk https://www.accoladeip.com/hk/en/patent-fee-schedule/. These are generally less expensive and quicker to obtain than utility patents, though protection is somewhat limited.
A design patent focuses on the ornamental appearance of an invention, rather than the functional aspects of the invention. It can be used to protect a new shape of a beverage bottle, the tread pattern on a shoe, or computer icons.
What is a design patent?
A design patent protects the visual features of an invention, including its shape, configuration, proportions and surface ornamentation. It can be used to protect a variety of products such as cell phones, handbags, clothing accessories, jewelry, containers, housewares, product packaging, toys, medical devices, symbols, graphics and industrial equipment.
Unlike a utility patent application, which describes the invention in a detailed manner, a design patent application relies on drawings that illustrate the overall appearance of an object. This allows for easier and faster protection of a product’s unique appearance.
Typically, design patents have a shorter lifespan than utility patents (approximately 15 years rather than 20), but they are an effective tool for protecting the visual qualities of a product that is likely to attract competitors’ attention and be copied. In addition, they are inexpensive to file and do not require maintenance fees once they are granted.
Eligibility for a design patent
A design patent hk protects a unique, aesthetic feature of an invention or decorative object. The patent owner can use the design patent to prevent others from making or selling products that infringe on the patent.
To obtain a design patent, the inventor must file a complete application that includes the required filing fee. The application will also need to include drawings that illustrate the overall visual appearance of the design being claimed.
Drawings should be of high quality and comply with the USPTO’s drawing disclosure guidelines. They should contain surface shading that shows contours, spaces, and other aspects of the design.
The drawing disclosure must clearly identify the claimed design and non-claimed parts of the design with broken lines. These lines indicate areas of the design that don’t qualify for protection, such as environmental structures or other features. The drawings must also show all sides of the object design, including three-dimensional images.
Filing a design patent application
The process of filing a design patent application begins with conducting a search for prior-art relating to your invention and gathering all necessary information. The application includes a title, a description, and drawings that demonstrate the overall appearance of your design.
The design must be novel and non-obvious; the examiner will conduct a search for prior art to ensure that it meets these requirements. Fees for filing, searching, and examination must also be included in the application.
In addition, the drawing must use solid lines for the claimed ornamental features of your design and broken lines to depict the visible unclaimed environmental structure in which the claimed ornamental features are found (35 U.S.C. 171 and 37 CFR SS 1.153).
The drawing should also be provided with appropriate surface shading that shows clearly the character and contour of all surfaces of any three-dimensional aspects of your design. Solid black surface shading is not permitted, except when used to represent the color black as well as color contrast.
Design patent examination
A design patent application consists of a specification and drawings. The drawings are the most important component of the design patent application.
The drawings must depict the appearance of all features of a design. This includes a depiction of the top, bottom, front, rear, left and right sides and perspective views.
One common practice for depicting the appearance of a design is to employ stippling and straight-line surface shading. These two techniques can effectively represent the contours and character of most surfaces.
Stippling can also be used to show details that would otherwise be difficult to depict using straight lines. In addition, broken lines can be used to show environments and boundaries that form no part of the claimed design.
Drawings and a well-written claim are the key components of a successful design patent application. Therefore, it is crucial to hire a skilled patent attorney to prepare and prosecute your design patent application. This will ensure that your application is prepared correctly and that you receive the most benefit from it possible.
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