1. What should you pay attention to when applying for a design patent?
1. Similar appearance , joint application.
For similar designs, it is best to apply together. Multiple similar designs receive the same level of protection in one granted patent as they would if they were granted divisional applications. If you file a divisional application for similar designs, it may be considered that these designs belong to the same design, and you can only submit one of them, otherwise both patent applications will be rejected.
2. Upgrade and distance yourself.
Product upgrading does not necessarily require another application for a design patent. If the appearance of the new product is slightly different from that of the original patent, it will still be within the scope of protection of the original patent. Submitting a new application may fail to obtain authorization due to lack of innovation. Even if it is granted by chance, the rights protection stage may be invalidated by others because there is no obvious difference compared with the original patent. If only the appearance of a certain part of the product changes during upgrading, this part can be applied for a design patent separately. As a single component, its appearance changes enough to differentiate it from existing designs and it is easy to obtain authorization.
3. Part application is better than the whole.
If the patented product is assembled from multiple components, subject to the applicant’s budget permitting, the entire lamp can be split into multiple components with the prospect of licensing. For components, it would be a better choice to apply for design patents separately.
4. Find innovation, the smallest unit.
A product provided by the applicant may contain multiple innovation points. In order to save costs, the applicant may patent the entire product as oneApply. Due to the existence of multiple innovation points, patents are easy to be circumvented. Innovation points should be extracted, and a patent should be applied for each innovation point to form a multiple patent layout.
5. Try to abbreviate the key points of the design.
A patent whose design key points read "shape, color and pattern" is almost declaring: I just want this design to be authorized, and there is no Rights protection plan. The more design points are written, the smaller the scope of patent protection and the easier it is to be circumvented.
6. Innovate shapes and apply for shapes.
If the shape, pattern or combination of the product and the combination of color, shape and pattern are innovative, the innovation in the shape of the product can be applied for a separate design patent. Since the color and pattern of a product can easily be changed, which will have a greater impact on the appearance of the product, applying for a shape design patent without color or pattern can gain a greater scope of patent protection.
7. If it is not necessary, do not use color.
As long as authorization can be obtained, avoid requesting color protection in the design specification. Some applicants believe that requesting color protection can bring the patent closer to their own products and achieve better protection effects. In fact, once this is done, others may be able to circumvent the patent simply by changing the color of the product.
8. The product is not moved, but the appearance comes first.
A patent should be applied for before the product is promoted or launched. Otherwise, the patent may become an existing technology due to prior sales and will eventually be invalidated or due to existing technology. The defense was established and the lawsuit failed. According to a patent attorney, when a patentee holds a suspected infringing product and a patent certificate to inquire about the prospects of the case, the first question they need to know is: Has the patent application been exhibited and sold to others? This question is particularly The most fatal to design patents. Invention and utility model patents generally involve internal structures, making it difficult to prove, but design patents often require web page picture records (such as Taobao sales records).
9. Appearance copyright, cross-application.
Many applicants believe that if the product appearance has been protected through copyright registration, there is no need to apply for appearance again.Design patent. In fact, the protection and compensation of the latter are much greater. Through copyright protection alone, the compensation fee obtained by the right holder may be lower than the profit obtained by the infringer, causing the infringer to take desperate risks and continue infringement, or the amount of compensation is not enough to balance the right holder’s rights protection expenditure (time, money, energy, etc.) Active in safeguarding rights, or even giving up on safeguarding rights. Therefore, copyright alone cannot achieve a strong protection effect. It is recommended to apply for design patent and copyright registration at the same time.
10. Professional To do this, find a professional.
Although compared with invention patents and utility model patents, design patent applications have lower technical content and are easier to obtain authorization. Confirmation of rights should not be the ultimate goal of patents. The subsequent rights use and rights protection process is the focus of transforming patents into useful values. Therefore, patent agencies should provide effective protection for patentees as the basic principle and fully explore patents. Innovation.
2. How to determine whether the patent you apply for requires confidentiality review
Legal basis: Article 4 of the Patent Law stipulates that inventions and creations involving national security or major interests need to apply for confidential patents in accordance with relevant regulations. Generally speaking, inventions and creations involving national defense interests mainly refer to Inventions and creations that are exclusively used for national defense or are of great value to national defense; inventions and creations that involve national security or major interests other than national defense interests are those that involve other than national defense interests and will affect the country’s defense capabilities, harm the country’s political or economic interests, or Inventions and creations that weaken the country's economic and scientific and technological strength. Inventions and creations applying for confidential patents do not include appearance designs.
To apply for a design patent, you need to submit application documents as required. The design patent application documents should include: design patent request, pictures or photos. If color protection is required, color pictures or photos should also be submitted in duplicate. If pictures are submitted, they should all be pictures; if photos are submitted, they should be All should be photos, and no pictures or photos can be mixed. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior Network to consult a professional lawyer.