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What is a Design Patent?

A design patent registration hong kong https://www.accoladeip.com/hk/en/patent-fee-schedule/ is a type of intellectual property protection that covers the appearance of an invention. It can be used to stop competitors from selling a product that resembles your design. A design patent can be a quick and effective way to stop a competitor from copying your product. However, there are a few things you need to keep in mind before filing a design patent application.

Aesthetics

The term aesthetics is derived from the Greek word aisthesthai, meaning “perception.” It is a branch of philosophy that focuses on the study of art and beauty.

The field of aesthetics is very large, with many different topics. This includes the theory of beauty, taste, and the philosophy of art.

Aesthetics has many parallels with the field of ethics, which deals with moral principles. For example, John Dewey has said that ethical conduct should be governed by what is pleasing and attractive.

It also has a strong relationship to human psychology. Some scientists believe that humans prefer landscapes and bodies with symmetry and proportion, which may be related to survival in their ancestral environment.

Aesthetics is a core design principle, and designers use it to enhance the usability of their designs. This is because users are more tolerant of usability issues when a design is visually appealing.

Patentability

A design patent registration hong kong protects a new, original, ornamental design for an article of manufacture. This can include the shape of an article, or the surface ornamentation.

It is important to note that the design must be novel and non-obvious to a person of ordinary skill in the art. This is different than the novelty requirement for utility patents, which may be based on technical characteristics of the invention.

Design patent applications generally consist of a title, figures, a specification with a brief description, one claim, and a signed declaration from all inventors. The application must also comply with the disclosure requirements of 35 U.S.C. 112, which requires that drawings or photographs disclose the appearance of the object design.

Cost

Design patents are often viewed as less expensive than utility patents. This is due to the fact that design patents have a much shorter processing time than utility patents and do not require maintenance fees like those of utility patents.

However, a design patent can also be quite expensive. This is because it requires detailed drawings that demonstrate the unique features of the invention.

These drawings should be professionally done to scale and adequately show the design elements to the satisfaction of the USPTO examiner. This can be a significant expense, and you should not try to do the drawings yourself.

A patent attorney may be able to help you draft your application and submit it to the government for a lower cost than if you do it on your own. This can be an excellent option for designers and inventors who do not have the resources to pay a large fee for a design patent.

Protection

Design patents offer protection for an object’s ornamental design and shape. This includes the new shape of a beverage container, the particular tread on a shoe, or computer icons.

However, the object must also have practical utility. A design that serves no useful function is not protected by a design patent.

In order for a product to infringe a design patent, it must look similar enough to the patented object that an ordinary observer would believe that the product is the patented item. This standard, known as the “ordinary observer” standard, makes it difficult to “design around” a design patent by making small changes that do not change the appearance of the infringing product.

In most cases, it is best to obtain both design and utility patent protection for a product or invention. One strategy is to file a utility patent application and then a divisional design patent application based on that original utility patent.

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