Period of protection for design patents
The term of protection for design patent rights in my country is 10 years. Among the designs applied for in 1993, less than 10% obtained patent rights and the patent protection period reached 10 years. Most people applied for patents only to obtain a patent certificate, thereby obtaining professional titles, taxation and other benefits. Therefore, after obtaining the patent rights, they did not have the awareness to apply the patents to the Production of industrial goods. Many patents lost their patent rights due to the reasons of the patentee. Some patent holders only seek short-term commercial benefits and do not use their patents to occupy the market for a long time as one of their own brand products. For some large companies with strong strength and strategic vision, they hope that their products can occupy the market for a long time and obtain effective legal protection. For them, the 10-year protection period is relatively short.
For designs, the protection period varies according to the laws of various countries: the protection period for designs in Japan is 15 years from the date of registration approval; in Germany , its protection period is 20 years from the date of application; in the UK, its protection period is 5 years from the date of registration, and can be extended 4 times, each time for 5 years; in the United States, its protection period is from the date of issuance of the certificate 14 years from the date of application; in France, the protection period is 25 years from the date of application, and can be extended by a further 25 years upon declaration by the registrant. It can be seen that the design patent protection period in my country is shorter than that in developed countries.
What is a design patent?
A design patent refers to: a product’s shape, pattern or other The combination of colors, shapes, and patterns creates new designs that are aesthetically pleasing and suitable for industrial applications. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products.
What does a patented design include?
Usually, the combinations that can constitute a design include: the shape of the product ;The pattern of the product;The shape and pattern of the product;The shape and color of the product;The pattern and color of the product;The shape, pattern and color of the product.
1. Industrial product formShape
The appearance shape of industrial products refers to the design of the product shape, that is, the appearance presented by the movement, change, and combination of points, lines, and surfaces outside the product. Contour, that is, the result of designing and manufacturing the structure and appearance of the product at the same time;
2. Appearance pattern of industrial products
Industrial product appearance pattern refers to the graphics formed on the surface of the product by any arrangement or combination of lines, words, symbols, and color blocks. The appearance pattern of the product should be fixed and visible, and should not be intermittent or need to be visible under specific conditions.
3. Industrial product color
The color of industrial products refers to the color or color used on the product The combination of colors, the true color of the materials used to make the product and not the color of the design. The color of a product cannot independently constitute a design unless the color change itself forms a pattern.
If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...