Appearance patents are considered to be intellectual property rights intended to protect innovative designs related to product appearance. According to data from the World Intellectual Property Organization, appearance patents account for a large proportion of patent applications submitted every year around the world. However, with the increase in the number of appearance patent applications and the continuous development of international trade relations, the actual effectiveness of appearance patents still needs to be proven. So, let’s find out whether appearance patents are useful abroad?
1. Appearance What is a patent?
A design patent is a patent used to protect the appearance of a product. Appearance patents usually only protect the appearance of a product and have nothing to do with the function of the product. Appearance patents are usually used to protect the overall or partial appearance of a product, such as shape, texture, color or surface pattern.
2. The practicality of appearance patents in China.
In China, appearance patents are widely used. Appearance patents can help companies protect their innovative designs and prevent others from copying or improving the appearance of their products without authorization. In addition, companies can also apply for appearance patents to establish their own image and brand and improve their competitiveness in the market.
3. The practicality of appearance patents abroad.
Although appearance patents are a very useful intellectual property protection tool for enterprises, their practicality is controversial abroad. The following are the views of some foreign experts and scholars on the practicality of design patents.
1. Restrictive and costly.
Many foreign experts believe that the restrictions and costs of the design patent application process are too high, which means that its effectiveness is low. The design patent application process requires a lot of time and money and is expensive. In addition, since a design patent application requires a large number of pictures and design drawings, it will bring higher cost pressure to the applicant.
2. Difficult to execute.
Some foreign experts believe that it is more difficult to implement design patents. Appearance patents usually only protect the appearance of a product and have nothing to do with its functionality. On some complex products, the design may be only a part of it, which makes it difficult to enforce a design patent. In addition, the scope of protection of design patents is usually narrow, and it is difficult to prove the existence of infringement. Therefore, some foreign brands may choose to protect their designs through trademarks, copyrights and other forms of intellectual property rights.
3. Regional restrictions.
The practicality of appearance patents abroad has geographical restrictions. Since different countries or regions have different protection standards and examination procedures for appearance patents, if a product that has obtained a domestic appearance patent wants to be sold abroad, it needs to apply for and obtain the relevant patent rights in that country. This consumes more time and resources and increases the financial pressure on the business.
4. Interference from human factors.
Some foreign experts believe that there is interference from subjectivity and human factors in the design patent application process. During the design patent application and examination process, the examiner’s personal preferences and examination experience will also have an impact on the application decision. Therefore, it is difficult to remain objective and fair in design applications, which may affect the actual value and effectiveness of the patent.
4. Countermeasures.
1. Conduct appropriate market research and analysis.
Before a company applies for a design patent, it needs to conduct sufficient market research and analysis on the target market. It is necessary to evaluate the significance of appearance patents to product marketing and market competitiveness, and to understand the review standards and protection requirements of appearance patents in the target market.
2. International standardization and coordination.
Domestic regulation makers need to appropriately learn from foreign technical standards and examination standards related to design patents, improve their own standards and specifications, and establish international standardization research and coordination relationships with other countries (such as international drawing documents (formulated) to strengthen international cooperation and exchanges and further promote industrialization, technological upgrading and trade competition in the global market.
3. Improve the design patent.
It is necessary to improve design patents in detail to make them more compliant with internationally recognized technical standards and review requirements and increase their utilization abroad. At the same time, it is necessary to strengthen technology, talent, etc. construction to further optimize design patents and their applications.
4. Pay attention to the evaluation of overall benefits.
When applying for a design patent, companies need to conduct an overall benefit assessment, rather than just focusing on the benefits generated by applying for a design patent itself. Enterprises should regard appearance patents as part of the overall internationalization strategy to help enterprises better adapt to market competition, improve core competitiveness and safeguard their own interests internationally.
Appearance patent is an innovative protection measure for products and their visual expression. In foreign countries, there are certain limitations and challenges to the practicality of design patents. However, appearance patents are still a very valuable intellectual property. Enterprises can consider the practicality and necessity of appearance patents based on the market and product characteristics, and formulate corresponding strategies and plans. Measures such as strengthening international standardization and coordination, improving design patents, and focusing on the evaluation of overall benefits can better play the role of design patents and help enterprises improve their core competitiveness and market position.