A design patent hk https://www.accoladeip.com/hk/en/patent-fee-schedule/ is a type of intellectual property (IP) protection that protects the overall appearance of an invention. It is similar to a utility patent in that it must be novel and non-obvious; however, it is less costly and takes less time to obtain than a utility patent.
The requirements for design patents include novelty, originality, and ornamentality. The USPTO considers these criteria when examining whether the subject matter is eligible for patent protection.
Patentable Subject Matter
Design patents can protect designs that are embodied in an article of manufacture. An article of manufacture is an item that has been manufactured by hand or machinery.
A design may relate to the configuration or shape of a manufactured article, to the surface ornamentation applied to it, or to a combination of these. A design may also be characterized as a definite pattern (e.g., the spray pattern of a water fountain or the shank portion of a drill bit).
In recent years, courts and the Patent Office have broadened the “article of manufacture” definition to include parts of products that are not sold separately as a product. This is because some of the most common applications for design patents relate to components that have not been sold as separate products, e.g., the nozzles of a spray system, the shape of the shank of a drill bit, and the graphical user interfaces that show up on a screen.
Before a design patent hk can be issued, it must pass two tests: novelty and non-obviousness. The novelty test requires that the claimed design is new and does not already exist in the public domain, either as a published document or as a patent application.
The non-obviousness test is similar to the one used for utility patents, but with a few changes. The key is that the design must be non-obvious to someone having ordinary skill in the art.
However, unlike utility patents, which focus on functional aspects of an invention, a design patent is focused on the ornamental aspects of a design. This means that, while the functional aspects of a design may be considered patentable subject matter in their own right, it is not necessarily important that they meet the other requirements for a design patent.
This is a significant change from how patent law was previously understood, and this has led to confusion among litigators, inventors, and patent applicants. This is why it is essential that anyone interested in obtaining a design patent understands both the newness and the non-obviousness tests.
Design patent obviousness rejections can be frustrating for patent attorneys. These types of rejections are not as common as utility patent obviousness rejections, but they can occur.
To overcome a design patent obviousness rejection, the applicant must be able to argue that the prior art reference is not analogous to the claimed invention. Moreover, the applicant must be able to show that the reference is not in the same field of endeavor as the claimed invention and is not reasonably pertinent to the problem to be solved.
A good example of this is the case of a patented design for a computer door panel with a spring and spacing mechanism that adjusts the angle of the door. In that case, the applicant argued that the spring and spacing mechanism was not merely an automated means of adjusting the door, but rather a mechanical means for changing the angle of the door in response to a user’s input.
Damages for Infringement
Infringement damages are a key part of any design patent case. You need to show that the infringement caused you a significant financial loss.
One way to do this is to show the amount of money you or your company would have made if someone had not infringed on your design patent. This is called lost profits.
Another option is to show that the infringement was not caused by chance but rather by willful misconduct on the part of the defendant. This is called enhanced damages and courts have the ability to award up to three times the actual infringement damages.
If you’re trying to prove damages for infringement, it is important to understand the law behind them. For example, some countries use statutory judgments to award infringement damages. In others, such as China, damages are awarded based on a certain set of standards.
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