Design patent search hong kong https://www.accoladeip.com/us/en/trademark-search/ cover ornamental designs on a variety of products, including packaging, icons and fonts. Infringers of a design patent are liable for infringement. A design can be patented as long as it is new, original and ornamental. This means it would not have been obvious to someone skilled in the art to which the design pertains when it was made.
Identifying the Design
One of the best ways to find out if a design patent is in the works is to see if the applicant has marked its product with a patent application number. In most cases, a quick online search will yield the results you are looking for. If you can’t find the aforementioned number, you may have to do some guesswork of your own. Luckily, the United States Patent and Trademark Office provides helpful tips and tools in their free publication Design Guide, a must-have for any inventor or prospective business partner. In a nutshell, this guide provides the lowdown on the latest design patent technology and how to get your patent awarded, in a manner that suits you. The most important part of the process is choosing the right type of design to protect your creation.
Identifying the Article of Manufacture
An article of manufacture is one of the four principal categories of things that may be patented. The others are a process, a machine, and a composition of matter.
Many inventions fall into the articles of manufacture category. Examples include hammers, crowbars, gloves, shoes, mouse pads, chairs, shovels, ceramics, and cast metal articles.
In the Apple/Samsung case, the Supreme Court grappled with how to identify the relevant article of manufacture in calculating the profits that are subject to design patents. While the court ruled that any end product that the infringer sold or a component of that end product was the relevant article, it did not explain how to identify this article if it was less than the product as a whole.
Identifying the Locarno Class
Design patent search hong kong are classified in accordance with the Locarno Classification, which is a multilateral agreement that establishes a uniform international classification system. The Locarno Classification is maintained by the World Intellectual Property Organization (WIPO).
Design applications are grouped in to classes and subclasses according to the type of product or industrial design. This helps to facilitate priority searches and reduces the number of application filings that need to be filed in order to obtain a design patent.
The Locarno Class is a pair of numbers separated by a hyphen and is printed on the issue slip before the design patent bibliographic data. It is updated on a bi-annual basis and can be found online via WIPO’s IP Portal.
Identifying the National Design Class
To protect the design of a product, it is important to identify the National Design Class in the patent application. This will allow the examiner to properly assign a class and sub-class for the invention.
The National Design Class is also useful for determining the scope of protection, which should include a description of the article to which the design is embodied. It should be clear, precise and complete.
In order to find the right design class, you should use the US Patent Classification System or a similar system in your country. The classification system will help you to identify designs that are already patented and may infringe yours.
Identifying the Drawings
When submitting an application for a design patent, it is essential to ensure that the drawings meet USPTO requirements. The drawings are the sole basis for review by the examiner, so they must be carefully drafted to avoid rejections.
The United States Patent and Trademark Office (USPTO) publishes a Design Patent Application Guide that provides specific instructions for drafting and preparing your drawings. These guidelines address all aspects of the drawings, including the use of broken lines and what views should be shown.
The drawings should clearly show the contours, shape, material texture, properties and proportions of the item for which the design is claimed. The drawings should also include shading that indicates surface characteristics.
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