design patent hk https://www.accoladeip.com/hk/en/patent-fee-schedule/ are an important form of intellectual property that protects a product’s or invention’s visual qualities. They are often granted for a distinct configuration, ornamental surface ornamentation, or combination of both.A design patent gives an owner the right to exclude others from making a similar product. This can be used to prevent copycat products from entering the market and stealing your business.
Appearance
The most exciting part of the design patent process is that it is free. As such, it is a great way to test out new ideas and get an idea of what you may want to do in the future. It is also a great opportunity to test the water before you drop the tens of thousands on a utility patent application.
One of the most important parts of the design patent process is the drawings. There are several types of drawings ranging from the most basic to the most elaborate. A design patent application is no small undertaking, but it can be a rewarding experience if you are willing to invest the time and money to do it right.
Function
design patent hk protect the original ornamental appearance of an article, including configuration or shape and surface ornamentation. However, they do not protect the functional mechanical structure of an article or any hidden designs by not being visible to the eye (e.g., a hidden electrical circuit).
In other words, if you have a product that looks different from what has been available before it, you will want to consider applying for a design patent. This will help to ensure that you can stop others from making a copy of your invention.
Generally, a design patent is narrow in scope and has a shorter lifespan than a utility patent (only 15 years instead of 20), but they are very useful tools for protecting the ornamental appearance of products that are apt to be copied. Moreover, they can be used as a supplement to other intellectual property protections, such as trademark and copyright. The key is to make sure that you are working with an Orange County intellectual property attorney who has experience in this area.
Infringement
Design patents are a great way to protect valuable designs. They’re also an effective tool for avoiding knockoffs.
When a product infringes on a design patent, the patent owner can sue for damages. These damages can range from the value of the patented item to the profits the infringer would have made but for the infringement.
Once a design patent is enforceable, the patent owner must show that every element of the patented design is in the accused product or device. This is known as “literal infringement.”
Infringement of design patents is usually determined by the “ordinary observer” test, which was established in 1872 in Gorham v. White, where an ordinary person would be fooled by a design that resembled another item.
Damages
Design patents give owners special rights to damages in infringement actions. Unlike utility patents, which typically allow recovery of lost profits or reasonable royalties under Section 284, design patentees can elect to pursue total profit damages.
However, total profit damages can be difficult to prove. This is because it requires demonstrating the infringer’s total profits from the sale of products that contain a patented design.
Fortunately, this is easier to prove when the patented design appears in the entire article of manufacture (AOM). It is important for a design patentee to have an AOM that is the finished product rather than a component of it.
As a result of the Supreme Court’s ruling in Samsung, design patentees have been forced to consider how to recover their damages. This has created a state of flux in design patent law, which could have dramatic effects on the value of a patent. As a result, it is imperative that design patent holders consult with their attorneys to assess their options and explore how best to protect the value of their patents.
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