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Patents
Published in Uday S. Racherla, Intellectual Assets for Engineers and Scientists, 2018
In contrast, China grants three types of patents. They are11: An invention patent that is granted for an invention, namely, a new and inventive technical solution for a product, new method of producing or doing something, or an improvement to an existing product. Once granted, invention patents are legally protected for 20 years from the application date.A utility model patent—simply referred to as, UM—that is granted for new and practical technical solutions relating to the shape and/or structure of a product. These patents protect new, functional aspects of a product that do not meet the higher inventiveness level required for an invention patent. Once granted, UMs are legally protected for 10 years from the application date.A design patent that is granted for new designs relating to the shape, pattern, or their combinations, or the combination of color, shape, and/or pattern that are aesthetically pleasing and industrially applicable. A design patent protects the “look” of the product that makes it recognizable. Design patents are protected for 10 years from the application date.
Intellectual Property: Emphasis on Patents
Published in Robert D. Hunter, for Engineers, 2017
The determinations of what constitutes “prior art” and infringement in design patent cases are much more subjective than they are in most utility patent cases. Designs that are confusingly similar to prior art designs may not obtain patent protection. A major disadvantage of design patents is that they take too long to obtain for a fast-moving “style-oriented” market. Design patents have a term of 14 years from the issue date. Like plant patents, design patents have only a single claim.
IP and Other Moats
Published in Gennadi Saiko, Bringing a Medical Device to the Market A Scientist's Perspective, 2022
Industrial design (or Design Patent in the United States) focuses on protecting an article’s visual features, namely its design, shape, pattern, or ornament. An industrial design protects a product’s unique appearance, not what it is made of, how it is made, or how it works, which can be addressed by patents. Likewise, industrial designs do not protect intangible goods that are not visible.
User-Centered Design Approaches to Integrating Intellectual Property Information into Early Design Processes with a Design Patent Retrieval Application
Published in International Journal of Human–Computer Interaction, 2020
Pinyan Tang, Xu Sun, Effie Lai-Chong Law, Qingfeng Wang, Sue Cobb, Xiaosong Zhou
Specifically, this research focused on the IPR regime of design patents, which was established to protect the values in design that trademarks, copyright, and utility patents failed to protect (Lee & Sunder, 2013). According to the Manual of Patent Examining Procedure 1502 (9th ed. rev. 2015), in the context of a design patent, the design is defined as “an article [which] consists of the visual characteristics embodied in or applied to an article”. The subject of a design patent focuses on the visual appearance of a product, rather than its function. In the history of IP development, design patents are deemed a controversial domain. There have been arguments that the patent system is rooted in its underdeveloped theoretical foundations, and has been claimed to be a failure (Lee & Sunder, 2013; Nguyen, 2010). However, such a situation has been changing significantly in the last decade. The value of design has been increasingly recognized, which leads to the rising status of design patents as mechanisms for “capturing and monetizing” such benefit (John, Mont, & Janis, 2013; Lee & Sunder, 2013, p. 278). Vassallo (2017) described how design “has become as indispensable as technology”, and this trend will continue to grow, which implies a promising future development of the domain of design patent.