General – Invention patent Drawings / illutrations https://invention-patent-drawings.com Quality patent drawings / illustrations / design patent drawings at affordable cost Wed, 30 Sep 2020 12:48:10 +0000 en-US hourly 1 https://invention-patent-drawings.com/wp-content/uploads/2018/04/cropped-favicon-50x50.jpg General – Invention patent Drawings / illutrations https://invention-patent-drawings.com 32 32 Improving Productivity with AI-Driven Legal Tech https://invention-patent-drawings.com/improving-productivity-with-ai-driven-legal-tech/ Wed, 30 Sep 2020 12:48:10 +0000 https://invention-patent-drawings.com/?p=12989 In our article “Patent Lawyers, Patent Filings, and a Pandemic” we talked about ways that law firms could make the best use of the time freed up by a pandemic-caused slowdown in business. One of the suggestions we made was improving your processes by taking stock of your legal tech. In this article we take […]

The post Improving Productivity with AI-Driven Legal Tech appeared first on Invention patent Drawings / illutrations.

]]>
In our article “Patent Lawyers, Patent Filings, and a Pandemic” we talked about ways that law firms could make the best use of the time freed up by a pandemic-caused slowdown in business.

One of the suggestions we made was improving your processes by taking stock of your legal tech. In this article we take a deeper look at new legal tech and how it could impact your law practice.

In this article we’re not looking at what’s new for the conventional technology used by all law firms – email, time and expense tracking, billing, document storage, etc. Rather we’re looking at new technologies that have the potential to change the way your firm gets work done.

Legal Tech Background

Law firms are historically slow to adopt new technologies. With most firms still on a bill by the hour system, there isn’t much incentive to become more productive, and the potential costs of an error are so high it makes firms reluctant to try something new in which they don’t have 100% confidence.

Despite that reticence, legal tech has attracted a lot of venture capital investment: over $1 billion in 2018 and over $1.3 billion in 2019.

Many of the new technologies are using artificial intelligence (AI) to speed up tasks that have traditionally been performed by lawyers or paralegals. The stakes are sufficiently high in law that there’s little chance that lawyers will be replaced by machines, but the improvement in productivity could reduce the number of lawyers needed to get the work done. Law firms will be under pressure to adopt some of these technologies as corporate clients could adopt the technology themselves and bring more work in-house.

Document Review

How many hours did you spend as an associate reviewing contract after contract? There are companies such as LawGeexthat use AI to review contracts, flagging unusual items that an attorney should take a look at. In tests LawGeex’s product did a better job than human lawyers: it identified 94% of the issues in a contract, versus 85% for humans. And it took 30 seconds to review a document that took a lawyer 92 minutes.

Luminance has a similar AI-driven product aimed at speeding up the due diligence process.

For both LawGeex and Luminance, the idea isn’t that the software takes the place of lawyers – rather that it allows lawyers to focus on the parts of the task that really require human expertise and leave the drudgery to the computer.

e-discovery

e-discovery is another popular application of AI. Sifting through thousands and thousands of emails or electronic documents in a complex litigation once required an army of lawyers, but with the application of machine learning and AI the process can be sped up and made more accurate. Back in 2016 the Southern District of New York federal court opined that it is “black letter law that where the producing party wants to utilize TAR for document review, courts will permit it.” OpenText has an end-to-end eDiscovery product that integrates the application of AI for review purposes to the management of the workflow, all in one product.

Integrated Solutions

Some companies, such as Relativity, are integrating case strategy with e-discovery to allow lawyers to link facts to evidence and build their case over time.

Legal Analytics

Legal analytics is another hot area. Specifically relating to IP litigation, Lex Machina has a product applying big data to help answer questions such as whether a particular judge is likely to grant or deny a specific motion, or whether a judge is more or less likely to find infringement than another judge. The software can also provide a wealth of data on opposing counsel and the parties in a suit.

Prior Art Search

Finding relevant prior art is important in both drafting patents and patent litigation. There are companies such as AI Samurai applying AE to patent search to speed up the time needed to conduct a search while improving the quality of the search.

Patent offices are particularly interested in this application of technology as they are under pressure to do a good job on prior art searches before granting a patent, yet they are under time and staffing pressures. The UK patent office published a feasibility study on AI-assisted patent prior art searching.

Business Development

One Israeli patent firm, Ehrlich and Fenster, developed a rules-based expert system to help entrepreneurs figure out at what stage they should be talking to a patent lawyer. They hope to generate new business by providing something of value to start-ups – the software – before there’s a client relationship.

Patent Drawing Software

It may not be AI-driven, but it’s the part of the business of interest to us: software to help with the creation of patent drawings. This technology is somewhat more mature; see our article “Ten Patent Drawing/Illustration Software Packages” for a guide.

Conclusion

Legal tech is NOT just about improving productivity. It’s also about improving the quality of your work product. There are some tasks, such as document review, e-discovery, and prior art searches, where a computer can do a better job than a human at least on the first pass. The future of the legal profession is very much going to be a partnership between human brains and artificial intelligence tools.

 

 

The post Improving Productivity with AI-Driven Legal Tech appeared first on Invention patent Drawings / illutrations.

]]>
Industrial Design In Panama https://invention-patent-drawings.com/design-patent-in-panama/ Wed, 23 Sep 2020 17:33:06 +0000 https://invention-patent-drawings.com/?p=12981 In detail description on Industrial design in Panama By: Alexander Garcia Lopez, Partner at Eproint For the past seventeen years, Alex Garcia Lopez has been advising clients from Asia, Europe, and the Americas on asset protection matters, he has also been involved in negotiation and drafting of software licensing agreements and advising information technology start-ups. […]

The post Industrial Design In Panama appeared first on Invention patent Drawings / illutrations.

]]>
Alex Panama design patentIn detail description on Industrial design in Panama By: Alexander Garcia Lopez, Partner at Eproint

For the past seventeen years, Alex Garcia Lopez has been advising clients from Asia, Europe, and the Americas on asset protection matters, he has also been involved in negotiation and drafting of software licensing agreements and advising information technology start-ups.

Mr. Garcia Lopez is also involved in trademark, patent and copyright litigation, registration procedures, as well as coordination of trademark and patent prosecution throughout Latin America.
He is also specialized in licensing, franchising, technology transfer, as well as in litigation related to opposition claims against trademark registrations, cancellation actions, and criminal actions against infringements of all sorts of Intellectual Property rights.
For the past nine years as an associate in a prestigious law firm in Panama he was the Attorney, in charge of: consulting on trade issues for national and international companies in strictly commercial matters such as: Technology, Corporate Law, Banking Law, Intellectual Property, Health Records, Real Estate Law, Domestic and international arbitration, Trust Services, Stock Market, Sports Law and Work immigration. You can contact him at Tel: +507 202 3022 ext 122 or  agarcia@eproint.com

 

Industrial Designs obtain automatic protection for three years once revealed which prevents others from copying or using similar designs.   By registering the design with the government, inventors receive 10 years of protection with a five-year extension.

The registration process for industrial design in Panama takes approximately 8 to 12 months. Applications are submitted to the Industrial Property Office (DIGERPI) of the Ministry of Commerce.

Industrial Desing according to Panamanian Law

An industrial design (“industrial drawing” for the effects of the Panamanian law) is understood to be any combination of figures, lines or colors that are incorporated into an industrial product for ornamentation purposes and that give it its own peculiar appearance.

The protection granted to an industrial design under this Law shall neither preclude nor affect any protection for which the same design might be eligible under other legal provisions, notably those relating to copyright.

Requirements for Eligibility

The protection of an industrial design that meets the conditions of Article 70 shall be acquired:

  1. either by first disclosure of the industrial design in Panama;
  2. or by registration of the industrial design under this Title.

An industrial drawing will enjoy protection if it is new and capable of industrial application. An industrial drawing that is independently created and differs significantly from known industrial designs or combinations of known characteristics of industrial designs is considered new.

For the determination of novelty, no regard shall be had to disclosure that occurs during the 12 months prior to the date applicable under the foregoing subparagraphs, provided that the said disclosure is the direct or indirect result of acts engaged in by the creator of the design or his successor in title, of a breach of trust or contract or of an unlawful act committed against either of them.

Industrial drawings that:

  1. They do not conform to the definition established in this Law;
  2. Whose use is contrary to public order or morality;
  3. Constitute an unauthorized use of a work protected by copyright law;
  4. Constitute emblems of States, official control signs and emblems of intergovernmental organizations in accordance with the provisions of article sixth of the Paris Convention for the Protection of Industrial Property ratified by Panama;
  5. Contravening provisions of this Law, will not be accepted for registration.

An industrial drawing that meets the conditions established will enjoy protection for a period of three years, counted from the date of its first disclosure, made by the person to whom the right to protection corresponds. This protection is independent of that which could be obtained by registering the same drawing in accordance with the law.

Term and Rights

The right to protection for an industrial design shall belong to the creator thereof. Where the industrial design has been created by two or more persons jointly, the right shall belong to them jointly. The right may be transferred by inter vivos transaction or by succession.

Where the industrial design has been created under a commission or service contract or an employment contract, the right to protection shall belong to the person who commissioned the work or contracted for the services, or the employer, unless otherwise provided in the contract.

An industrial design shall not be considered new solely because it possesses minor or secondary differences in relation to other, earlier designs, or because it refers or applies to goods of another kind.

Industrial designs shall not be protected where their use is contrary to public policy or morality.

Industrial design Registration Process

The protection of an industrial design shall confer on the owner thereof the right to prohibit third parties from exploiting the said industrial design. By virtue of the foregoing, subject to the limitations provided for in this Law, the owner shall have the right to proceed against any person who, without his consent, manufactures, sells, offers for sale or uses, or imports or stocks for any of those purposes, a product that reproduces or incorporates a protected industrial design, or the appearance of which gives a general impression that is the same as that of the protected industrial design.

The application for registration of an industrial model or drawing shall be submitted through a lawyer in a form supplied by DIGERPI for this purpose. In it, the applicant and the creator of the model or drawing will be identified, and the type or genre of products to which it will be applied will be indicated, and the class or classes to which said products belong, in accordance with the international classification adopted. . The application will not be accepted if, at the time of submission, it does not contain, at least, the following elements:

  1. The identification of the applicant and her address. And for applicants domiciled abroad, the designation of domicile in the Republic of Panama for the purposes of administrative and judicial notifications;
  2. A graphic representation of the industrial model or drawing, and
  3. The proof of payment of the fee and the established right.

DIGERPI shall examine the application to determine whether it meets the requirements of law. Once the application has been published, any interested party may file an opposition to the registration applied for, before the competent court within a period of two months counted from the date of publication.

If on the expiration of the aforesaid period without any opposition having been filed, or, as the case may be, where an opposition ruling has found for the applicant and all the prescribed requirements have been met, DIGERPI shall register the industrial design and issue the corresponding registration certificate to the applicant.

The creator of the industrial design shall have the right to be mentioned as such in the registration and in the corresponding official documents, except where he has stated in a written declaration addressed to DIGERPI that he does not wish to be mentioned. Any agreement or arrangement whereby the creator of the industrial design undertakes in advance to make such a declaration shall be null and void.

Registered Industrial Designs

The registration of an industrial design shall have a term of ten years counted from the date of filing in Panama of the application for registration.

The registration of an industrial design may be renewed for an additional period of five years against payment of the prescribed renewal fee (The expenses would be $78.50 and lawyer fees $200.00). The request for renewal shall be filed within six months prior to the expiration of the registration. The renewal fee shall be paid before the registration of the industrial design expires.

A six-month period of grace shall be allowed for payment of the fee, subject to the prescribed surcharge; the registration shall remain in full force during that time.

At the request of any interested party, the competent court shall invalidate the registration if it is proved that it was affected in violation of any of the provisions established by law.

In the event of non-compliance with Article 68, the aggrieved party may claim his right or seek invalidation of the registration. That action shall be brought before the competent court and shall be statute-barred after five years following the grant of the registration, except where the latter has been affected in bad faith, in which case invalidation may be sought at any time during the currency of the registration.

Costs to Register an Industrial Design in Panama

Official Fee: USD 78.50

Legal Fees: USD 500.00

Other expenses: USD 75.00

Bank Commission: USD 50.00

Total: USD 703.50

You may be interested in patent drawings for Desing patent

If you are planning to do drawings yourself then this article will help you 10 software for patent drawigns

The post Industrial Design In Panama appeared first on Invention patent Drawings / illutrations.

]]>
Transparent Patent Drawings https://invention-patent-drawings.com/transparent-patent-drawings/ Thu, 17 Sep 2020 14:58:19 +0000 https://invention-patent-drawings.com/?p=12968 As we said in our article, “Why Drawings Can Make or Break Your Patent Application,” patent drawings are an essential part of either utility or design patents. But what do you do if one of your patent is for a product that’s transparent? How do you accurately depict transparency? The US Patent Office does not […]

The post Transparent Patent Drawings appeared first on Invention patent Drawings / illutrations.

]]>
As we said in our article, “Why Drawings Can Make or Break Your Patent Application,” patent drawings are an essential part of either utility or design patents.

But what do you do if one of your patent is for a product that’s transparent? How do you accurately depict transparency? The US Patent Office does not specify a way to indicate transparency. There are a number of different approaches taken in patent applications.

One approach, taken by IBM in their US patent application US20190258387 is to simply label the relevant section “transparent.”

us patent application 20190258387While that approach might work OK with the patent office, it misses out on one of the benefits of patent drawings – a tool to help visualize the invention.

In US Patent US9865224, Samsung used dashed lines in an attempt to show something that was behind a transparent layer.

us patent 9865224The problem with using this approach is that it might be a little confusing to someone used to looking at patent drawings because dashed lines are generally used to indicate something that’s hidden, and in this case,  it’s supposed to indicate something visible behind the “A” layer.

In US Patent 10534458, Samsung uses a different approach – dark lines, with lighter lines indicating the things that are seen through the transparent layer.

us patent 10534458Samsung recently applied for a patent for a “Transparent Display Device,” which could be a phone or other hand-held device. They came up with a good way to show the transparency: the drawing includes a hand, that obviously is not part of the invention, and it is drawn in lighter lines than the invention itself.

samsung transparent phoneThere are many ways to indicate transparency in a patent drawing. In general, we’d say the preferred method is to use a combination of something that’s clearly not part of the invention – such as the hand – with lighter lines to help indicate transparency. Dashed lines or other forms of broken lines have specific meanings in patent drawings and should be avoided for purposes of indicating transparency as the meaning might be misconstrued.

 

The post Transparent Patent Drawings appeared first on Invention patent Drawings / illutrations.

]]>
The Importance of Patent Drawings for Low-Tech Products https://invention-patent-drawings.com/the-importance-of-patent-drawings-for-low-tech-products/ Fri, 28 Aug 2020 07:33:58 +0000 https://invention-patent-drawings.com/?p=12960 In the popular imagination patents are most closely associated with high tech. And there are, of course, a lot of patents in high-tech, and a lot of high-profile court fights over high-tech patents. It has been estimated that there are 250,000 patents connected to smartphones. Apple has famously been involved in billion-dollar plus patent fights […]

The post The Importance of Patent Drawings for Low-Tech Products appeared first on Invention patent Drawings / illutrations.

]]>
In the popular imagination patents are most closely associated with high tech. And there are, of course, a lot of patents in high-tech, and a lot of high-profile court fights over high-tech patents. It has been estimated that there are 250,000 patents connected to smartphones. Apple has famously been involved in billion-dollar plus patent fights as both plaintiff and defendant.

Patents provide protection for innovation – and innovation can be found in any field, not just high-tech. Patents are, of course, extremely important in the pharmaceutical business because of the many millions of dollars it takes to get approval for a drug that could be easily copied. But they can also be very important in fields we don’t think of as relying on technology much – such as clothing.

Sports bras are already ubiquitous and are rapidly growing in popularity. Sports bra sales last year were over $9 billion and are forecast to grow to $38 billion by 2026 because women are increasingly turning to the more comfortable sports bra for use beyond workouts.

Yet sports bras are a relatively new phenomenon. The sports bra was invented by three women, Lisa Lindahl, Hinda Miller, and Polly Smith. The three were granted US Patent No. 4,174,717 for an athletic brassiere, or “Jogbra.”  The three women were recently inducted into the National Inventors Hall of Fame, acknowledging the importance of their uplifting invention.

The importance of drawings for low-tech patents can be illustrated by taking a look at their groundbreaking patent. The first claim of the patent reads:

  1. An athletic brassiere, comprising:

at least one front panel disposed to cover the front of both breasts when worn, without seams in the vicinity of the nipples, said panel being substantially flat and not shaped to uplift the individual breasts when worn;

at least one side panel sewn to each side of said front panel such that the stitches of the seams are on the exterior surface of the panel away from the wearer when worn;

a wide elastic rib band connected to the bottom of said front and side panels and extending continuously around the body when worn, the front portion of said band being on the front of the wearer when worn and the back portion being on the back of the wearer when worn; and

two elastic straps, one of said straps being connected at one end thereof to said front panel on the right side of the wearer when worn and connected at the other end thereof to the back portion of said rib band on the left side of the wearer when worn, and the other of said straps being connected at one end thereof to said left front panel on the left side of the wearer when worn and connected at the other end thereof to the back portion of said rib band on the right side of the wearer when worn such that said straps cross in the back when worn.

Just reading the claim it can be difficult to visualize exactly what’s being described. That’s why good drawings are so important. From the below drawings you can more readily tell exactly what it is that’s being described. Figures 1 and 2 provide a front view:

front view of sports braWhile Figure 3 provides a view of the rear of the bra, and Figure 4 is a cross section of the cup:

rear view and cross section of sports bra

 

Conclusion

Patents in low-tech fields such as textiles can be very valuable. The Jogbra patent provided incentive and protection to three inventors who dreamed up a product that launched an industry with over $9 billion in annual revenue.

Low-tech doesn’t necessarily mean simple. The first successful sports bra was a complex product. High-quality patent drawings are essential for clarifying and protecting the claims in your patent.

Whether your invention is the latest cutting edge high-technology, or a more mundane improvement of a low-tech product, at Invention Patent Drawings we have the experience and team to provide you with high-quality drawings at a reasonable cost. Contact us for more information or for a price quote.

 

The post The Importance of Patent Drawings for Low-Tech Products appeared first on Invention patent Drawings / illutrations.

]]>
Industrial Design Registration in Ecuador https://invention-patent-drawings.com/industrial-design-registration-in-ecuador/ Tue, 14 Jul 2020 20:47:20 +0000 https://invention-patent-drawings.com/?p=12944 by Erika Alexandra Alarcón Araujo, JD Specialist in Intellectual Property Law erikalexandralarconaraujo@outlook.com procedimientos@barzallo.com Quito-ECUADOR  The registration process for an industrial design (design patent) in Ecuador takes approximately 6 to 10 months. Applications are submitted to the National Service of Intellectual Rights, SENADI Requirements for Eligibility An industrial design protects the intellectual property rights of the […]

The post Industrial Design Registration in Ecuador appeared first on Invention patent Drawings / illutrations.

]]>
erika alarconby Erika Alexandra Alarcón Araujo, JD
Specialist in Intellectual Property Law

erikalexandralarconaraujo@outlook.com
procedimientos@barzallo.com

Quito-ECUADOR 

The registration process for an industrial design (design patent) in Ecuador takes approximately 6 to 10 months. Applications are submitted to the National Service of Intellectual Rights, SENADI

Requirements for Eligibility

An industrial design protects the intellectual property rights of the appearance of a product resulting from any meeting of lines or combination of colors, or any two or three-dimensional external shape such as line, contour, configuration, texture or material. These design elements are ornamental only – they cannot change the function or purpose of the product protected by the industrial design.

For an industrial design to be registrable, it must be a new, original design. It needs to have more than minor or secondary differences with respect to previous designs.

There are many different types of designs that are NOT registrable, including:

  1. Designs that infringe morality and public order
  2. Designs that have a technical function with no ornamental aspects
  3. Designs whose figures or characters constitute the expression of a culture or of an indigenous, Afro-American or local community’s knowledge
  4. Designs that consist of a form for which the exact reproduction is necessary to allow a mechanical assembly or connection with another product; however, this last prohibition does not apply to those products in which the design is in a form intended to allow the assembly or connection within a modular system.

The order and classification of industrial designs is ruled by the International Classification for Industrial Designs established by the Locarno Agreement of October 8, 1968, as amended.

Term and Rights

Industrial designs in Ecuador have a non-renewable term of ten years, counted from the filing date of the national application; in the case of applications that claim priority under a treaty, it will be counted from the filing date of the application for which the priority is claimed. In order to benefit from the right of priority, the industrial design application that invokes it shall be filed within six months of the other application.

Among the rights granted to the owner of the industrial design is the UIS PROHIBENDI, which prevents third parties who do not have approval from manufacturing, selling or importing for commercial purposes products that incorporate or reproduce the industrial design registered with SENADI. Furthermore, it entitles the owner to act against third parties that manufacture, sell, or import for commercial purposes a product whose appearance is similar, or whose design only has secondary differences from the protected design.

For five years after the grant of an industrial design registration SENADI retains the right to declare an industrial design invalid in cases where the subject matter does not constitute an industrial design, or does not meet the requirements for protection, or where for some other reason the grant is not eligible for protection as an industrial design.

Registration Process

The registration process begins by applying for an industrial design online through SENADI. An Ecuadorian intellectual property agent can help with the process. You need to submit the following:

  • Applicant information, including whether the applicant is a natural person or legal entity, national or foreign, public or private;
  • The nationality and domicile of the applicant;
  • The title, type or kind of product to which the design is to be applied, and also the class and subclass of the product;
  • The name, nationality and domicile of the designer or inventor, if they are not the applicant;
  • The priority date of the application;
  • The summary and claims of the industrial design.

The request or application for registration of the industrial design shall be accompanied by the following:

  1. A graphic and photographic representation of the industrial design. In the case of two-dimensional designs incorporated in a flat material, the representation may be replaced by a sample of the material incorporating the design;
  2. A power of attorney and document of assignment of rights legalized by Apostille (notary);
  3. A copy of the priority document;
  4. Proof of payment of fees to SENADI Office. Fees at this time are US$ 526.46, which includes both the application filing and the granting of the registration certificate fees.

Within 15 days of filing SENADI will verify that the application meets all requirements. If not, you have 30 days during which an additional extension can be requested without losing priority to complete the filing requirements. If the requirements are not met within the allowed time frame the application will be considered abandoned. The application will be kept on file and confidential.

Once the application is complete it will be published in the SENADI Intellectual Property Gazette, and there will be a 30-day period for third parties to file an objection. The applicant has 30 days to respond to any objections (which may be extended once). After and objections and responses have been submitted, SENADI will weigh the evidence and arguments. If there is no opposition SENADI will examine the application for novelty and compliance with other rules, after which it will issue an approval or denial of the application. This decision is subject to appeal.

The application for an industrial design may be amended any time prior to the issuance of a decision, provided that the amendment does not entail a change in the subject matter of the invention or an extension of the protection. The industrial designs can be transferred between living persons or by succession; any such transfers must be registered with SENADI.

Costs to Register an Industrial Design in Ecuador

Costs to register an industrial design in Ecuador are as follows:

Item US$
Official fee for filing industrial designregistration 526.46
Other expenses  
Professional fees (all registration procedure) 500
Miscellaneous expenses 20
Bank commission 50
Total Costs: $1096.46

Please note that SENADI offers discounts on the official fee of up to 90% to SMEs, independent researchers, higher education institutions, public sector entities, small and medium-sized farmers, popular and solidarity economy enterprises, as well as artisans that have met certain requirements.

Industrial designs are highly regulated and are protected under the following:

  • Decision 486 of the Common Regime on Industrial Property of the Andean Community of Nations,
  • A national standard,
  • The Organic Code of the Social Economy of Knowledge, Creativity, and Innovation
  • WIPO Convention on Industrial Designs,
  • The Paris Convention,
  • The Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C,
  • The Locarno Agreement (mentiond above)
  • The Hague Agreement.

The post Industrial Design Registration in Ecuador appeared first on Invention patent Drawings / illutrations.

]]>
How to File a US Design Patent on Your Own https://invention-patent-drawings.com/how-to-file-a-us-design-patent-on-your-own/ Thu, 09 Jul 2020 20:19:44 +0000 https://invention-patent-drawings.com/?p=12935 Do you have the coolest design ever, that you think will help you sell thousands of copies of your product? Want to protect that design with a patent? On a very tight budget and wondering if you can File a US Design Patent on Your Own, without a lawyer? The answer is yes …but… there […]

The post How to File a US Design Patent on Your Own appeared first on Invention patent Drawings / illutrations.

]]>
Do you have the coolest design ever, that you think will help you sell thousands of copies of your product?

Want to protect that design with a patent?

On a very tight budget and wondering if you can File a US Design Patent on Your Own, without a lawyer?

The answer is yes …but… there are some things to consider. In this article, we’ll describe the basics of filing a design patent with the US Patent and Trademark Office (USPTO) without the help of an attorney.

What’s Patentable?

The first question you have to answer is whether or not your design is patentable.

Note that we are talking about designs here, not utility patents, which are the kind of patents that protect novel inventions. The USPTO defines design as follows:

A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

In other words, your patent can relate to the shape of something, or the surface ornamentation of something, or a combination. Surface ornamentation not connected to a specific object is not patentable.

There are two additional requirements: the design must be ornamental, and it must be original.

  • “Ornamental” means the design cannot be dictated by the function of the object. It has to be just for show. If the design is inseparable from the function of the object, it’s not ornamental. For example, a jar that just has straight sides would not be ornamental. But if you throw in some curves, not because it makes the jar work better, but because they look cool, that IS ornamental.
  • “Original” means the design is unique – not something that someone else has done. And it doesn’t matter if there’s a patent on the design or not. If it’s a design that’s been seen in a magazine or in another product, it’s not original. A design that simulates some well-known object or person would also not be considered original.

For utility patents, you have to do a search for “prior art,” to make sure your invention is original. Even though prior art is somewhat less of an issue with design patents, it’s still a good idea to do a search of your own and make sure you are not inadvertently doing something that someone else has already done.

Elements of a Design Patent Application

If you’re convinced your design is patentable, the next step is to collect everything you need for your application. These are things that go into your application:

(1) Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;

(2) Cross-reference to related applications (unless included in the application data sheet).

(3) Statement regarding federally sponsored research or development.

(4) Description of the figure(s) of the drawing;

(5) Feature description;

(6) A single claim;

(7) Drawings or photographs;

(8) Executed oath or declaration.

Details on each of the above items can be found in the USPTO’s Design Patent Application Guide. We’ll highlight some of the important points in this article.

Electronically Filing a US Design Patent

The easiest way to file a patent is online. The USPTO has two systems, the older “EFS” and the newer “Patent Center.” These instructions are based on using the Patent Center.

When you go to the Patent Center, you’ll see a button for “Training Mode.” We suggest you start by doing a practice run in training mode – you can get familiar with the system that way.

A lot of the information listed above, including the preamble, is typically part of what’s called the Application Data Sheet (ADS). The Patent Center lets you fill in the information in web-based forms, so you don’t need to submit a separate ADS.

Needed Before Filing

The first thing you need to come up with is a title. It should be simple and descriptive. Apple’s famous patent for the original iPhone design was simply titled, “Electronic Device.”

You’ll need to prepare four documents, which must be in .PDF or.txt format.

Claims. For design patents, the drawing IS the claim, but you need to submit a claim that says so. Use language similar to this language from the iPhone patent: “1. We claim the ornamental design for an electronic device, substantially as shown and described.” This is a very small document.

Specification. The specification is a list of the drawings (called “figures”) along with a description of the drawings. See the iPhone patent for an example.

Patent Drawings. Far and away the most important part of a design patent application is the drawings. The heart of any patent application is the disclosure; for design patents, where what you’re protecting is the way it looks, the drawing IS the disclosure.

Design patents are required to have a number of different views, they also have to have shading to show three dimensions. Please see our article, “Successful Patent Drawings for Design Patents” for more details on what drawings are required.

Patent drawings submitted to the USPTO must comply with a very detailed set of guidelines that cover everything from the size of the paper to the margins to how pages are numbered, arranged, scaled, etc. See our article, “Complying with Patent Drawing Rules” for a list of all of the different rules.

Even if you want to try filing your design patent application yourself, we strongly recommend you use a patent drawing service, such as Invention Patent Drawings, to create the drawings. The cost is very modest, and since we are well-versed in the requirements of the USPTO we can save you money and headaches later. Contact us for more information.

Oath. Each inventor has to affirm that they are the original inventor or joint inventor of the claimed invention. A form that can be used for the oath can be found here.

Step-by-Step Guide to Electronic Filing

This tutorial is based on a simple, straightforward application. If you have special circumstances or requirements, you may need to do additional research on your own, or hire an attorney.

Please note that we are NOT lawyers, and we are not giving any legal advice here. You are responsible for figuring out the right answers to each of the questions, and if you have any doubts, you should contact a patent attorney or agent for help.

From the Patent Center homepage, you select “New Submission,” and then select “Design Non-Provisional.”

patent centerThe next page gives you ADS filing options. It’s easiest to use Web ADS – you don’t have to create a separate form, you can do everything via the website interface.

Follow the screen prompts to add the inventor(s) and their addresses.

When all inventors have been added, click “next section.” NOTE: this is important – don’t click “continue!” That will take you out of the ADS form. You need to click “next section” instead.

next sectionEnter the address for correspondence regarding this patent application.

Enter the Title of Invention, as described above.

Entity status select whether you are small or regular entity. There are lower fees for small and micro entities. See Entity Status Discounts for qualification criteria.

Enter the total number of drawing sheets. Note you can have multiple drawings on one 8 ½ x 11 sheet.

Indicate a figure you suggest as the main figure for the publication (e.g., Figure 1).

On the next section, normally you’ll leave the representative information blank, unless you have a patent lawyer or agent you are working with.

Since we’re assuming this is a brand-new patent, not related to something that was filed before or elsewhere, you can skip the domestic benefit and foreign priority sections. Also skip the first to file section. Whether or not to “opt out” from foreign disclosure is up to you.

In the “Applicant Information” section, if you are both the inventor and the applicant, you can skip this section as well.

Assignee information can be important. If you are an inventor who also owns a small company, you have to decide if you want to assign the patent to your company. You may wish to speak to an attorney on the pros and cons of different ways of giving your business access to your invention. If you are assigning it to a company, you add the information here.

The next section provides a summary of everything you filled out so far. Make sure it looks correct! Clicking “next section” brings you to the signature page. Sign it in the format indicated, then click “Continue.”

You now must upload the related files for your patent as described above. All documents must be in .PDF or .txt format. If the name of the file indicates what it is – for example the claim – the system will automatically identify that, otherwise you must choose from a drop-down menu.

If using the drop-down, select “Application Part,” then select the appropriate type of document. NOTE: you may have to scroll down in the drop-down box to see all the choices!

As noted above, at a minimum you should have four documents: claims, specification, drawings, and oath.

Continue, and you’ll be brought to the fees section. Enter your status. As a new design, this is a Basic, not a CPA (Continuing Patent Application). Enter number of pages. Decide which fees you want to pay now. You can pay later, but there may be advantages to paying now.

Now you’re almost done – enter your name and email as the eFiler and click submit. Print or save the Electronic Acknowledgement Receipt.

Conclusion

The USPTO has made it possible for an inventor to file for their own design patents. It does take some work to figure everything out, and there is some risk that you might not do something correctly, but there are potential cost savings compared with going through a patent attorney or agent.

If you decide to file on your own, we recommend that you work with a professional patent drawing firm, such as ourselves, for your patent drawings. The costs are modest, and with the very specific requirements of the USPTO we can help you avoid having your application rejected for technical reasons related to the drawings.

As noted above, we are not attorneys, and in this post we are not giving any legal advice. If you’re not sure how to fill something out, we suggest you consult with a patent attorney or agent.

If you have a design in mind that you believe is worthy of protecting with a patent and would like some help with the drawings, or have questions about the drawings, please contact us.

 

The post How to File a US Design Patent on Your Own appeared first on Invention patent Drawings / illutrations.

]]>
How much does a design patent application cost in Mexico? https://invention-patent-drawings.com/mexico-design-patent-cost/ Wed, 03 Jun 2020 14:44:38 +0000 https://invention-patent-drawings.com/?p=12914 What is a design patent (called “industrial design” in Mexico)? A design patent protects “how it looks” rather than “how it works”. If your product attracts clients or buyers based on how it looks you should consider filing an industrial design patent. In some inventions both design and utility are important; in such cases you […]

The post How much does a design patent application cost in Mexico? appeared first on Invention patent Drawings / illutrations.

]]>
What is a design patent (called “industrial design” in Mexico)?

A design patent protects “how it looks” rather than “how it works”. If your product attracts clients or buyers based on how it looks you should consider filing an industrial design patent. In some inventions both design and utility are important; in such cases you should file for both utility and industrial design patents.

For example, for a shoe that has a unique ergonomic design which also provides a better grip, you should file an industrial design patent application on the ergonomic shape and a utility patent application on the better grip achieved using such design.

Two types of industrial design are allowed in Mexico

2D industrial designs, which are any combination of shapes, lines or colors incorporated in an industrial product for ornamentation purposes and which give it a specific appearance of its own; and

3D industrial designs constituted by any three-dimensional shape that serves as a model or pattern for the manufacture of an industrial product, giving it a special appearance that does not involve any technical effects.

Where to apply

The Mexican Institute of Industrial Property (IMPI) is the government agency responsible for patents, trademarks, utility models and industrial designs. As described above, the equivalent of US design patents in Mexico are industrial designs. Applications may be electronically filed via IMPI’s website (Spanish language only, and requires an electronic signature linked to a Unique Population Registry Code (CURP)). IMPI’s website can be found here: https://www.gob.mx/impi/

Mexico is a signatory to international conventions on intellectual property including the Paris Convention for the Protection of Industrial Property and the Locarno Agreement. The Locarno Agreement establishes international classifications for industrial design / design patents. As of June 06, 2020, Mexico is the 64th member that is part of the Geneva Act 1999 of the Hague Agreement Concerning the International Registration of Industrial Designs, and the 74th member of the Hague Union.

Term of industrial designs

The term of protection for an industrial design is five years from the date of filing. The protection may be renewed every five years for a maximum of 25 years from the filing date, as long as applicable fees are paid based on article 36 as amended in 2018:

Article 36. The registration of industrial designs shall have a term of 5 years, starting from the filing date of the application, renewable for successive periods of the same duration until a maximum of twenty five years, subject to the payment of the renewal fee.

The industrial design registrations and their renewals will be published in the Gazette.

The use of industrial designs and the limitation of the rights conferred on the holder as a result of their registration shall, where appropriate, be governed by the provisions of Articles 22 and 25 of this Law.

In Mexico, there was an important reform in 2018 affecting, among other concepts, the protection term of industrial designs, extending it until 25 years from the former 15 years. However, industrial designs granted before the reform of 2018 can be extended to 25 years by requesting an extension which must be filed at least 6 months prior to the existing expiration of 15 years.

From the above, such reform made a watershed in the maintenance of designs in Mexico, where firms and applicants have to manage both types of granted designs in different manners: designs under old law with 15 years of protection are subjected to payments of annuities, calculated from the grant date while the designs granted under the new law must pay renewals every five years but counted from the filing date. Moreover, the new law has different fees due on grant: the old law had certificate issuance fees and the first year annuity fees, while the new law has incorporated the first five years of maintenance fees into the grant fee.

Line drawings or photographs

The drawings are the most important element of industrial design application. Every industrial design application must include either graphic (line drawing) or photographic reproduction of the design. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete. In practice most of the industrial designs are filed with formal line drawings rather than photographs. There is no restriction on the number of views that may be provided so the applicant can provide as many views as required to sufficiently disclose. It is also required to indicate the type of product for which the design will be used.

Furthermore, it is of importance to take into account that the reform 2018 requires that the title of the design indicates the product to which the design is related.  This is based on  Article 33, section II. For example, if the designs for a gasket, you must indicate what it’s a gasket for, i.e., car engine or a pipe.

Time for approval

In 2019 the Mexican Institute (IMPI) enabled the full online platform for industrial designs. Prosecution time has been significantly reduced to around 1 year or even less.

Costs

When planning to file a design in Mexico, the following costs should be taken into account: number of pages of your application (specification, claim and drawings) since the base filing fee only includes up to 30 pages of application. There is an excess page fee if your application is more than 30 pages.

The cost for claiming a priority in case the design has been deposited earlier in another country.

Costs for filing responses during the substantive examination phase, within two months after notification date. There is a possibility of an extension period of two additional months which would involve extension fees.

After the notice of allowance there are grant fees, including the certificate issuance fees and the first five years of validity in one single tariff.

Maintenance costs are required every five years. The fee is $172.50 per renewal if you are small entity or $345 if you are other than small entity.

IMPI will extend a 50% discount on some official fees for small entities, universities and independent designers if they are not associated with large companies either through license or assignment. In order to claim this discount you have to furnish a declaration that the applicant is small entity. It is important to notify IMPI of a change of status entity if it takes place during prosecution.

Cost of patent drawings for industrial designs

Professional patent drawings are essential for a successful industrial design. Cost depends on on complexity, turn around, quality etc. With Invention Patent Drawings costs are typically USD 40 to USD 55 per view.

Once the drawings are done you can file application with the help of a patent attorney in Mexico. Costs are typically USD 500-1,000 for the service of filing only.

Fee table for industrial designs

Small entity Normal
Industrial Design Filing Fee (up to 30 pages of application) $ 58.00 $116.00
Design Search Fee N/A, pay as Normal $   41.00
Design Examination Fee $ 18.51 per OA substantive response fee $ 37.02 per OA substantive response fee
Post-Allowance Fees $172.50 per renewal $345.00 per renewal

Mr.Ivan has worked on many industrial designs, one example is ID55257, some drawings used in this industrial design are found below:

Design patent example Mexico

Design patent example Mexico

Design patent example Mexico

Conclusion

Once issued, your industrial design is valid for five years from the filing date, which can be renewed every five years by paying the post-allowance fee up to 25 years. You can submit professional drawings or color photographs. Total fees for a small company will be around $ 980 USD for the life term of the design. In addition there are the costs for a patent attorney and for the patent drawings.

The post How much does a design patent application cost in Mexico? appeared first on Invention patent Drawings / illutrations.

]]>
How much does a US design patent application cost https://invention-patent-drawings.com/us-design-patent-cost/ Sat, 23 May 2020 12:41:41 +0000 https://invention-patent-drawings.com/?p=12896 How much does a US design patent application cost Please note that we are NOT lawyers, and we are not giving any legal advice here. You are responsible for figuring out the right answers to each of the questions, and if you have any doubts, you should contact a patent attorney or agent for help. […]

The post How much does a US design patent application cost appeared first on Invention patent Drawings / illutrations.

]]>
How much does a US design patent application cost

Please note that we are NOT lawyers, and we are not giving any legal advice here. You are responsible for figuring out the right answers to each of the questions, and if you have any doubts, you should contact a patent attorney or agent for help.

What is a design patent

Design patent protects “how it looks” than “how it works”. If your product attracts clients or buyers based on looks than how it works then you should consider filing a design patent. In some inventions both design and utility are important, in such cases, you should file for both Utility patent application and design patent application.

If your invention or product is related to the ergonomic shape of the shoe which also provides a better grip then you should file a Design patent on Ergonomic shape and you should file Utility application on the better grip is achieved using such design.

Drawings or Black and White Photographs

The drawings are the most important element of design patent application. Every design patent application must include either a drawing or a black and white photograph. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete, that nothing regarding the design sought to be patented is left. The design drawing or photograph must comply with the disclosure requirements of 35 U.S.C. 112, first paragraph. To meet the requirements of 35 U.S.C. 112, the drawings or photographs must include a sufficient number of views to constitute a complete disclosure of the appearance of the design claimed.

 

Color Drawings or Color Photographs

USPTO accepts color drawings or photographs in design patent applications only after the granting of a petition filed under 37 CFR §1.84(a)(2), explaining why the color drawings or photographs are necessary. Any such petition must include the fee set forth in 37 CFR § 1.17(h), three sets of color drawings or photographs, and the specification must contain the following language before the description of the drawings:

“The patent or application file contains a least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.”

 

The core of design patent application

Unlike Utility patent application where a lot is written to describe the invention, In Design patent application you have to show a lot with the help of professional drawings. Have a look at granted design patent USD770745S1 , below drawings are from this patent. We have not worked on this patent but we are giving this for your understanding. What is written in the granted patent is also given below.

Description

FIG. 1 is a perspective view of a non-slip shoe cover with reinforced grip showing my new design;

FIG. 2 is a front elevation view thereof;

FIG. 3 is a rear elevation view thereof;

FIG. 4 is a left side elevation view thereof;

FIG. 5 is a right side elevation view thereof;

FIG. 6 is a top plan view thereof; and,

FIG. 7 is a bottom plan view thereof.

CLAIM

  1. The ornamental design for a non-slip shoe cover with reinforced grip, as shown and described.

 

Design patent Example shoe

Design patent Example shoe1

Design patent Example shoe2

From the above example, it is clear that what you will write in design patent is minimal but what you have to show to get granted design patent is much more. You can refer to successful patent drawings for design patent and Avoiding common errors in design patent drawings and patent drawing rules. Drawing in design patent should be done professionally to show all views required with shading, achieving consistency.

Cost of Patent drawings for Design Patent

Getting professional patent drawings is a significant cost involved in Design patent, it varies from Illustrator to Illustrator based on complexity, turn around, quality, etc with us, it will cost you between USD 40 to USD 55 per view.

Once patent drawings are done then you can file the design patent application yourself at USPTO (you can refer to how to file a US design patent on your own) or you can take the help of Patent Attorney. If you go through patent attorney then his/her charges are involved which will again vary from Attorney to Attorney which can range from USD 750 to USD 3000.

Filing Costs of Design Patent Application

 

Micro Medium Large
Design Patent Filing Fee $50 $100 $200
Design Search Fee $40 $80 $160
Design Examination Fee $150 $300 $600
Post-Allowance Fees $175 $350 $700
Total $415 $830 $1660

 

You can file a design patent application yourself by going to USPTO here and choosing as unregistered E-filer.

Conclusion

Professionally done patent drawings are critical to getting Design patent granted, if you require professional help for your Design patent drawings at USD 40 to USD 55 then write to us by filling the below form.

The post How much does a US design patent application cost appeared first on Invention patent Drawings / illutrations.

]]>
Design Patent Protection and Term of Protection in Different Countries https://invention-patent-drawings.com/design-patent-protection-and-term-of-protection-in-different-countries/ Wed, 20 May 2020 16:32:49 +0000 https://invention-patent-drawings.com/?p=12887 Design Patent Protection and Period of Protection in Different Countries 1          Introduction Out of the four types of intellectual properties (IPs): Patent, trade secrets or know-how, trademarks, and copyrights. the patent has been one of the most important property rights which gives protection to the inventors for their innovation. The patenting system came into existence […]

The post Design Patent Protection and Term of Protection in Different Countries appeared first on Invention patent Drawings / illutrations.

]]>
Design Patent Protection and Period of Protection in Different Countries

1          Introduction

Out of the four types of intellectual properties (IPs): Patent, trade secrets or know-how, trademarks, and copyrights. the patent has been one of the most important property rights which gives protection to the inventors for their innovation. The patenting system came into existence to promote innovation. The patent owner has the right to stop others from using his/her invention for the period, the patent has been granted by patenting authority of the country or the international patenting authority as the case may be. Each country has its own patenting authority. In the United States, U.S. Patent and Trademark Office (USPTO) grants and manages the various issues regarding patenting and their protection. There are three patent categories that include plant patents, design patents, and utility patents. The focus of this paper is on a design patent.

2          What is Design Patent

USPTO has defined design patent as “the visual ornamental characteristics embodied in, or applied to, an article of manufacture”. It further explains that as a design is manifested in appearance, the design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. It is important to note that design for surface ornamentation cannot be separated from the article to which it is applied, and therefore, cannot exist alone. In other words, a design must be a definite pattern of surface ornamentation, applied to an article of manufacture. A design patent is granted to any person who is the inventor of a new, original, and ornamental design for an article of manufacture.

3          The scope of protection provided by the design patent

The important point to understand about the design patent is that it provides protection only for the appearance of the article. It does not protect the structural and the utilitarian features of the product. For example, in case of an ornamental LED luminaire (A table lamp) (Figure is given below), the design patent could be taken for the ornamental shape or appearance of the table lamp only and not for its functional aspects.

4          USPTO’s Codes governing the design patents

Seven codes have been laid down by the USPTO to govern the design patents that include 35 U.S.C. 171, 35 U.S.C. 172, 35 U.S.C. 173, 35 U.S.C. 102, 35 U.S.C. 103, 35 U.S.C. 112, and 35 U.S.C. 132. In addition to this, the rule pertaining to the drawings to disclose the design patent is covered by the Code of Federal Regulations 37 CFR § 1.84, 37 CFR § 1.152, and 37 CFR § 1.121.

LED Design Patent
Figure: UltraBrite LED luminaire, Input 12 V, 3.0 amperes

Source: UltraBrite, manufactured in China, distributed by PAR INTEK, America, Inc.

5 Design Patent VS Utility patent

The difference between the design and the utility patent is an important one to understand. The design patent is about the appearance and how the article is seen (35 U.S.C. 171) but the utility patent is about the functionality and the use of the article ( 35 U.S.C. 101). Patents for both can be taken on the same article if both features are available in the article. Utility and ornamentally of an article are not easy to separate even though legally the two different patents can be obtained for the design patent and utility patent as the product can contain both the characteristics: the ornamental characteristic as well as the functional characteristic. The attached figure of the decorative LED table lamp has unique attractive shape, contours and color to obtain design patent and at the same time, it has some unique features, such as portability, small base to occupy small floor area, white light, adjustable 4 levels of illumination, and ventilation facility. These unique features enhance the functionality and usability of the table lamp. The manufactured article (the table lamp) has features fit for the design patent as well as for the utility patent.

Under Section 35 U.S.C. 171, a design patent cannot be obtained for an article of manufacture that is primarily dictated by the functions at the time of manufacture and lacks the ornamentally of the article and there is no unique or distinguishing feature like shape or appearance. In addition, the design of the article should be “Original”.

6          How to get a Design Patent and Design Patent Term in various countries

The government in each country establishes patent granting authority, who receives patent applications for grant of patents for innovation made by the inventors.

World Intellectual Property Organization (WIPO) with 90 countries as a member under the umbrella of ‘The Hague System of International Registration of Industrial Designs’ provides a single-window facility for international registration for the design patents. See https://www.wipo.int/hague/en/ for more information and the list of member countries. Under the ‘The Hague System of International Registration of Industrial Designs’, one single application is to be filed to get the patent in as many countries as an applicant desires. The payment of fee is to be made only at one window directly to the International Bureau (WIPO). See https://www.wipo.int/hague/en/faqs.html.

Similarly, 40 member countries in European Union (EU) as per the EPO convention can obtain Registered Community Design (RCD) from EUIPO after an applicant has first registered the design patent application in his/her country for obtaining national design registration. See for more information https://euipo.europa.eu/ohimportal/en/what-we-do.

Different countries have their own patenting process and norms for granting patents. The protection period for the design patents varies from country to country Information about the patenting authorities, patent law, and the protection periods about select countries are given below.  The countries are selected on a random basis with an attempt to cover different regions in the world.

6.1       The United States of America (USA) Design Patent and Term                                                                                                                                 

6.1.1    Name of the organization granting patents in USA: United States Patent and Trademark Office (USPTO)

6.1.2    Patent Law: United States Code

6.1.3    Design Patent protection period: The US design patent protection prior to 13 May 2015 was for a period of 14 years. However, after 13 May, 3015, a new US design patent has a life of 15 years from the date application filing, assuming it issues.

design patent expiration or us design patent duration or design patent length are all same and it refers to patent term and it is 15 years from the date application is filed.

6.1.4    Accepted mode of drawings: A patent application should be accompanied with either a drawing or a black and white photograph of the claimed design. The disclosure requirements as specified in 35 U.S.C. 112, should be complied by the attached drawings or photographs in a sufficient number of views to provide full disclosure of the appearance of the design. Drawings are to be drawn in black ink on a white paper meeting the requirements of 37 CFR §1.84(b)(1) and §1.152..

6.2       The United Kingdom (UK) Design Patent and Term

6.2.1    Name of the organization granting patents in the UK: UK Intellectual Property Office (IPO) or  The European Patent Office if the application is filed under the European Patent Convention.

6.2.2    Patent law: Patent Act 2004

6.2.3    Design patent protection period: Patentee can protect the design and has the right to prevent others from using it for up to 25 years, provided the registered design is renewed every 5 years by paying the registration fee.

6.2.4    Accepted mode of drawings: Design drawings should include line drawings, computer-aided design (CAD) or rendered CAD or photographs that present the design as it appears. The drawing should be drawn on a plain background without hiding any details by shadows or reflections. Either all drawings or all photographs should be used. A combination of both should not be used. If it is desired to show a pattern, then the complete pattern should be shown to display a complete pattern. There should not be more than 12 illustrations. In case of applying for a design patent online, use one file per page. If sending the application by post, the drawings should be on plain A4 paper. In case, there is a need to send more than 12 drawings to illustrate the invention, the drawings should be sent by post.

6.3       Spain Design Patent and Term

6.3.1    Name of the organization granting patents in Spain: The Spanish Patents and Trademark Office (SPTO)

6.3.2    Patent law: Spanish Intellectual Property Law

6.3.3    Design patent protection period: 5 years from the date of filing, renewable for a further 5 year period up to a maximum of 25 years. Additionally, community designs are protected in the European Union (EU). A community design system is recognized throughout the EU, via a dual system of protection: registered and unregistered designs. Registration for community design is granted for 5 years from the date of filing, renewable for a further 5 year period up to a maximum of 25 years. Unregistered community designs are acquired automatically without the need for filing, simply by disclosing the products to which the design is applied. The protection for unregistered design is for a period of three years from the date the design was first made available to the public within the EU (Garrigues iCEX, 2019).

6.4       Sweden Design Patent and Term

6.4.1    Name of the organization granting patents in Sweden: The Swedish Patent and Registration office.

6.4.2    Patent law: Design Protection Act

6.4.3    Design patent protection period: Protection is valid for maximum 25 years for registered Community designs. Unregistered designs have protection for 3 years from the date the design was made public

6.5       Germany Design Patent and Term

6.5.1    Name of the organization granting patents in Germany: The German Patent and Trademark Office.

6.5.2    Patent law: Act on the Legal Protection of Designs (Designgesetz, DesignG)

6.5.3    Design patent protection period:  Protection for a registered design lasts up to 25 years maximum from the filing date.

6.6       France Design Patent and Term

6.6.1    Name of the organization granting patents in France: National Institute of Industrial Property.

6.6.2    Patent law:

6.6.3    Design patent protection period: Period of protection of an industrial design is five years from the filing date, extendable four times up to 25 years.

6.7       Russia Design Patent and Term

6.7.1    Name of the organization granting patents in Russia: you can apply at Russian Patent and Trademark Office (Rospatent) for a national patent.

6.7.2    Patent law: Russian Patent Laws (Art.1340, 3, Civil Code)

6.7.3    Design patent protection period: Five-year period from the filing date. The patent can be renewed for further five-year periods on payment of a renewal fee up to a maximum of 25 years from the date of filing. Alternatively, a regional Eurasian patent application is made, designating Russia, with the Eurasian Patent Office, which is an alternative to the filing of a national Russian patent application with the Russian Patent Office. In the case of filing of the patent with the EU, the effective terms of the exclusive right to industrial design are 15 years from the date of filing extendable up to 10 years (EU, 2010).

6.8       The Netherland Design Patent and Term

6.8.1    Name of the organization granting patents in the Netherlands: The Netherlands Patent Office, a department of the Netherlands Enterprise Agency.

6.8.2    Patent law: The Dutch intellectual property laws.

6.8.3    Benelux design, via the Benelux Office for Intellectual   Property (BOIP). Period of protection is for 5 years, which can be extended 4 times for a period of 5 years each and up to a maximum of 25 years.

6.8.3.2 Community Design, via the European Intellectual Property Office (EUIP) in Alicante, Spain This offers exclusive protection throughout the entire European Union. Protection is provided for a maximum of 25 years; the rights must be renewed every 5 years.

6.9       Italy Design Patent and Term

6.9.1    Name of the organization granting patents in Italy: Italian Patent and Trademark Office or The European Patent Office if the application is filed under the European Patent Convention.

6.9.2    Patent law: Intellectual property laws of Italy.

6.9.3    Design patent protection period: The industrial design patent in Italy is valid for five years from the date of filing and may be further renewed for one or more periods of five years each up to a total term of 25 years from the date of filing (IPcoster, Italy).

6.10     Norway Design Patent and Term

6.10.1  Name of the organization granting patents in Norway: Norwegian Industrial Property Office.

6.10.2  Patent law: Norwegian design act

6.10.3  Design patent protection period: 5 years from the date of application made and can be renewed for a further 5 years up to a total maximum period of 25 years. Each period shall run at the end of the previous period.

6.11     Japan Design Patent and Term

6.11.1  Name of the organization granting patents in: Japan Patent Office.

6.11.2  Patent law: Japanese design act.

6.11.3  Design patent protection period: 25 years from the date of application.

6.12     Australia Design Patent and Term

6.12.1  Name of the organization granting patents in Australia: IP Australia

6.12.2  Patent law: Design Act 2003, updated up to 27 February 2020.

6.12.3  Design patent protection period: design registration lasts for 10 years.

6.13     Nigeria Design Patent and Term

6.13.1  Name of the organization granting patents in Nigeria at Nigeria-law

6.13.2  Patent law: Patents and Designs Act, Chapter344, Laws of the Federation of Nigeria 1990.

6.13.3  Design patent protection period: Registration of industrial design-
(a) shall be effective in the first instance for five years from the date of the application for registration, and
(b) on payment of the prescribed fee may be renewed for two further consecutive periods of five years.

6.14     Philippines Design Patent and Term

6.14.1  Name of the organization granting patents in the Philippines: Philippine Intellectual Property Office (IPO).

6.14.2  Patent law: Republic Act No. 8942, also known as the Intellectual Property Code of the Philippines

6.14.3  Design patent protection period: Industrial design patent for five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each.

6.15     China Design Patent and Term

6.15.1  Name of the organization granting patents in China: The Patent Office of the People’s Republic of China

6.15.2  Patent law: Patent Law of the People’s Republic of China

6.15.3  Design patent protection period: patent right for designs shall be ten years, counted from the date of filing.

7          Conclusion

Each country has its own patent authority. Application for an international design patent can be made via the World Intellectual Property Organization (WIPO) from a single-window service facility. Similarly, in the European Union (EU), member countries can register for RCD within one year of national registration for a design patent in his/her own country.  The period of patent protection varies from country to country and ranges between 10 years to 25 years. Similarly, the design patent drawings have different requirements in different countries. Since consistency is very critical in getting Design patent and stand in the court of law if required it is always advisable to take the help of experts of patent drawing firms to get consistent views. It is ok to make your own drawings for utility patent application but not advisable for design patent application unless your expert in drawings as well as rules of the patent office in which you intend to file.

If you want to get help from us who are experts in doing design patent drawing at affordable cost say USD 35 to USD 55 depending on complexity, please contact us by filling below contact form.

Reference

Community designs – PVR – Sweden

Design Act Patentstyret – Norway

Design IPR- Spain 06-Propiedad-industrial-e-intelectual.

Design Patent Application Guide _USPTO

Designs Act 2003 Australia

  1. 2010. Booklet: Patent System In Russia. Publication of the European Union. 1-20.

https://euipo.europa.eu/ohimportal/en/what-we-do

Intellectual Property Protection in the Philippines

IPcoster Italy. Industrial design registration in Italy. https://www.ip-coster.com/IPGuides/industrial-design-italy

MOJCP and FOJ. 2017. Act on the Legal Protection of Designs. Published by Ministry of Justice and Consumer Protection and Federal Office of Justice. 1-28. www.gesetze-im-internet.de.

Patent Law of the People’s Republic of China – China &Trademark Office

Patents and Desct, Chapter 344, Laws of the Federation of Nigeria 1990

Patents_ Manual of Patent Practice – GOV.UK

RS=xZjm4Vfhk8J2nHarGOrIFuW0yBU-Japanese link

UltraBrite, manufactured in China, distributed by PAR INTEK, America, Inc.

wipo.int/hague/en/

wipo.int/hague/en/faqs.html

The post Design Patent Protection and Term of Protection in Different Countries appeared first on Invention patent Drawings / illutrations.

]]>
Patent Lawyers, Patent Filings, and a Pandemic https://invention-patent-drawings.com/patent-lawyers-patent-filings-and-a-pandemic/ Wed, 13 May 2020 17:16:31 +0000 https://invention-patent-drawings.com/?p=12880 A slow time in the economy is a good time to prepare for when things turn around. Patent lawyers should maintain customer relations, this strategically, and upgrade processes.

The post Patent Lawyers, Patent Filings, and a Pandemic appeared first on Invention patent Drawings / illutrations.

]]>
The novel coronavirus is causing economic disruption unseen since the Great Depression of the 1930s. The unemployment figures in the US are an order of magnitude worse than they were during the recession of 2007-2008.

Some businesses are actually thriving despite COVID-19 (Amazon, grocery stores). Other businesses are shuttered (restaurants, live music venues). But almost every business is impacted in one way or another, even ones that normally think of themselves as “recession proof.”

IP research firm Patexia estimates that the global economic slowdown could result in 2-4% fewer patent filings in 2020 and 2021.

What’s a patent lawyer to do to try and weather this storm?

Customer Relations

Maintaining good customer relations should be a priority. Your clients are real people, who may be facing tremendous challenges in their personal life. Checking in with them, which lets them know you care about them as people, not just as a source of revenue, can help strengthen those relationships.

This can also be a good time to review your customer service overall. Many law firms have a lot of room for improvement in their customer service. What’s your client intake process like? If someone leaves a voice mail or fills out a web form asking for information, how long does it take for someone to get back to them? Web forms should be replied to within 24 hours, and voice mails on the same day.  If someone is interested enough in your services to leave a voice mail or fill out a form it usually means they have a problem that you can help solve. You want to get back to them before someone else does.

Think about the first impression someone gets of your firm. Nowadays, that is mostly going to be your website. Does it convey the image you want? Does it look contemporary, or does it look like it was created 20 years ago and hasn’t been updated since? Is it easy to find relevant information?

How your phone gets answered also makes an important impression on customers. Many if not most law firms now use an auto-attendant system as the first step for calls. Does your message sound professional, without “ums” and “aws”? If someone pushes the button to be connected to a human, are they quickly and consistently connected with a human?

Encourage Strategic Thinking

Every business may be worried about conserving cash right now as there is a great deal of uncertainty surrounding how long the coronavirus crisis is going to last and how long it’s going to take for the economy to recover. But in business school they teach that a down time in the economy is an excellent time to invest in things that will pay benefits when the economy comes back. Increase your market share when it takes a smaller investment – in a down economy – and it’ll be easier to keep that market share and grow faster when the economy rebounds.

Many companies may be too busy during normal times to spend a lot of time thinking about their patent portfolio. This can be a good time to encourage your clients to step back and take a look at their overall patent strategy. Are there some patents they can file that would strengthen their position relative to their competitors? In a time when clients are concerned about cash, it can also be worthwhile to look through the portfolio and find patents that are weak or that have little commercial value which the client may wish to consider abandoning rather than continuing to pay maintenance fees to the patent office.

Staffing for the Long-Term

Many – but certainly not all! – law firms substantially curtailed hiring of new associates in 2020 as a result of the economic contraction related to COVID-19. This can create opportunities for firms that take the long view and that have strong balance sheets. There’s less pressure on associate salaries than in a normal year, and there may be some very highly qualified candidates who are having trouble finding a suitable position. Maintaining the size of your incoming crop of lawyers in a down year can be a way to leave you well-positioned with a highly qualified team when the economy comes back.

Another thing that many firms have discovered because of the pandemic-induced changes in how they operate is that remote working functions better than they expected. This can also create hiring opportunities – if someone only has to come into the office once a week, or occasionally, rather than every day, it can substantially increase the available talent pool and lead to happier employees.

Improve Your Processes

It’s also good for you to look at your own operation in a strategic way.

Every law firm has a multiplicity of processes for managing clients, money, work, and staff. It’s human nature to tend to ignore the processes as long as they are working OK. All too often, we only pay attention to process improvement in the wake of a disaster. A slow period, such as during a pandemic, can be a good time to be proactive and look for ways to improve your processes to be more economically efficient, or to provide a better work output.

Legal technology is booming – every month there are new and improved tools that can be used for accounting, billing, practice management, document storage, electronic discovery, and more. One new area is AI-driven automated contract review. Generally speaking, automated contract review doesn’t replace a lawyer, but it can speed the review process by flagging paragraphs that someone should review.

There are a number of legal tech products specifically serving IP and patent related needs. There are tools that apply artificial intelligence (AI) to conducting prior art searches, promising to help law firms find prior art faster, more thoroughly, and less expensively than using conventional search techniques.

There are also AI-driven tools that can help with portfolio analysis – they can help find valuable patents that may be hidden in a large portfolio with hundreds or thousands or patents that could be candidates for sale or licensing.

There are also companies providing tools for conducting patent transactions on blockchain. Instead of resisting these tools out of a fear of being deemed redundant and unnecessary, law firms should embrace them and find ways to bring additional value to their clients.

If the tools you’re using are more than five years old, you might want to take stock and see if some improvements could be made by upgrading to the latest technology. You may have processes that are still being done manually or on paper that could benefit from automating.

Reduce Costs

The above-mentioned process improvement efforts can naturally lead to cost savings.

The operational changes most law firms have experienced since the start of the coronavirus pandemic can also point the way to additional cost savings. Many firms are finding that their legal staff works just as effectively from home as they do from the office. It may be possible to reimagination what a law firm looks like in terms of physical facility. If staff can work remotely all or most of the term, you can reduce the amount of space you need, which can bring a whole host of cost savings that go well beyond lower rent.

Another area to consider is patent drawings. If you’re paying more than $30-$45 per drawing, you may be paying too much. Learn more about our quality, turnaround time, and pricing.

Conclusion

Successful businesses make thinking about and planning for “the day after” an integral part of their strategy for getting through an economic downturn. This is an excellent time to think strategically, improve your business processes and tools, and reach out to existing and new clients so that you’ll be positioned to enjoy even greater growth when the economy comes back.

The post Patent Lawyers, Patent Filings, and a Pandemic appeared first on Invention patent Drawings / illutrations.

]]>