Industrial Designs Law in United States
Sure! Here’s a detailed overview of Industrial Designs Law in the United States:
🛡️ Legal Framework
Governing Legislation:
In the U.S., industrial designs are protected under the Design Patent Law, primarily found in Title 35 of the United States Code (35 U.S.C. §§ 171-173).
Governing Authority:
The United States Patent and Trademark Office (USPTO) administers design patents.
Definition:
A design patent protects the ornamental design of a functional item — i.e., the visual, non-functional aspects like shape, surface ornamentation, patterns, and configurations.
📝 Protection Criteria
To qualify for a design patent, the design must be:
Novel:
Must be new and original.
Non-Obvious:
It cannot be an obvious variation of existing designs to someone skilled in the field.
Ornamental:
The design must be purely aesthetic and not dictated solely by function.
Applied to an Article of Manufacture:
The design must be embodied in or applied to a manufactured product.
📄 Registration Process
Application Submission:
File a design patent application with USPTO including:
Drawings or photographs of the design.
A written description of the design.
Payment of filing fees.
Examination:
USPTO examines for compliance with legal requirements, novelty, and non-obviousness.
Publication:
Design patents are published upon grant, not during application.
Grant:
If approved, a design patent is issued.
📅 Duration and Renewal
Duration:
Design patents last 15 years from the date of grant (for applications filed on or after May 13, 2015). For older filings, the term was 14 years.
Renewal:
There is no renewal option; protection lasts for the entire term after grant.
⚖️ Enforcement and Legal Remedies
Design patent owners have exclusive rights to prevent others from making, using, selling, or importing the patented design without permission.
Remedies for infringement include:
Injunctions to stop the infringing acts.
Monetary damages, including profits made by the infringer and damages to the patent holder.
Attorney’s fees in exceptional cases.
🌐 International Protection
The U.S. is a member of the Paris Convention and the Patent Cooperation Treaty (PCT), which help with priority claims and patent filing abroad.
For design protection in multiple countries, international applicants can use treaties like the Hague System for the International Registration of Industrial Designs (though the U.S. joined only recently in 2015).
📋 Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Design Patent Law (35 U.S.C. §§ 171-173) |
| Governing Authority | United States Patent and Trademark Office (USPTO) |
| Protection Criteria | Novelty, Non-Obviousness, Ornamental Design, Applied to Article |
| Registration Process | Application, Examination, Grant |
| Duration | 15 years from grant date |
| Renewal | No renewal |
| Enforcement | Injunctions, damages, attorney fees |
| International Protection | Paris Convention, PCT, Hague System |
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