US design patent application process, search and protection strategies

1. Application process and required information

Prepare information

1. Design images or photos: three-dimensional and six-dimensional views. The dimensions of the six-sided views must be consistent, and reference views are provided if necessary;
2. Applicant’s name, address, postal code, ID card or passport;
3. Designer’s Statement;
4. Proof of priority (may not be required).

Application process

1. Search whether the patent can be inspected;
2. Sign a confidentiality agreement;
3. Compile technical briefing documents;
4. Sign an agency agreement;
5. Write application materials and confirm;
6. Submit for acceptance;
7. Patent review;
8. Patent licensing fee;
9. Receive certificate;
10. Annual fee monitoring.

2. Inquiry process and methods

Query process

1. Prepare query conditions: appearance patent number, application number, applicant, application date, publication date, etc.;
2. Enter the official website of the United States Patent and Trademark Office (USPTO);
3. Filter, search and download: By setting the design patent number or related conditions, search and view patent abstracts, diagrams and other detailed information.

Inquiry method

1. U.S. Patent and Trademark Office official website query;
2. Third-party patent information service organization;
3. Government agencies and advisory bodies.

3. Query skills

1. Use the entrusted inquiry method: entrust professionals such as patent agencies and lawyers to inquire;
2. Combined query of multiple query conditions;
3. Use additional query tools: such as FreePatentsOnline, Google Patents, etc.

4. Characteristics and details of the U.S. appearance patent certificate

Style features

1. Certificate number, application number, applicant, patent agent, patentee, invention author, patent invention name are all displayed in black font;
2. Certificate Seal: Red circle, printed with the outline of the U.S. President’s seal and the U.S. Patent and Trademark Office’s special logo.

Related elements

1. Certificate number: A set of numbers that uniquely identifies the design patent certificate;
2. Application number: identifies the patent application and applicant;
3. Applicant: Applicant for design patent;
4. Patent attorneys and patentees: represent companies and individuals who wish to protect the core rights and interests of appearance patents;
5. Patent invention title, application date, publication date: The basic basis for verifying the official validity and scope of protection of a patent.

5. Judgment of appearance patent infringement

Standard

1. Overall similarity standard: Determine whether the alleged infringing design is generally similar to the design described in the patent claim;
2. Observer’s Perspective: Whether a reasonable, ordinary observer would believe that the alleged infringing design is generally similar to the design claimed in the patent.

Influencing factors

1. Importance of appearance features: If the alleged infringing design is similar to the patent claims in important appearance features, then the possibility of infringement is greater;
2. Differences in design: If the design accused of infringement is significantly different from the design claimed in the patent rights in some aspects, this may reduce the possibility of infringement.

6. Importance of Rights Protection

Overview

1. Definition: Protect the uniqueness and creativity of product design;
2. Application process: preparation of application documents, submission of application, review process, objections and amendments, application for authorization;
3. Scope of protection: drawings and descriptions of designs, similar designs, distinctiveness of designs, combined designs, restrictions on functional features;
4. Impact: Promote innovation, enhance market competitiveness, safeguard business interests, and attract investments and partners.

7. Line drawing regulations

Regulations

1. Solid lines: protect the outline of the object and should often appear in combination with shadow lines;
2. Shadow lines: Features that distinguish expressions, such as shadow changes on curved surfaces, spherical surfaces, concave and convex surfaces, etc.;
3. Dotted lines: assist explanation, used in structural environment in exterior design.

8. Summary

The U.S. design patent application process and required information, search process and methods, search techniques, certificate features and details, infringement judgment standards and influencing factors, importance of rights protection and line drawing regulations. Understanding these contents will help you better apply for and protect appearance patents, thereby safeguarding patent rights and protecting innovation results.

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