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“If a design is not disclosed or registered, it is not protected under patent law.”
Design patent or design registration is a form of intellectual property right that protects a product’s visual characteristics or ornamental aspects. For new innovators and businesses, conducting a design patent search is a critical step to ensure they aren’t infringing someone else’s IP rights. An incompetent searching process can lead to many unwanted consequences, such as applying for a design that is too similar to one another party has already registered.
With the increasing importance of intellectual property rights globally, understanding how to navigate the complexities of design patent searches is essential. Let’s explore the nuances of conducting a design patent search in the UK, USA, and Europe. This guide will equip you with the knowledge needed to protect your intellectual property effectively.
Irrespective of design patent search jurisdiction (USA, UK, Europe), following this five-step systematic approach ensures thoroughness and accuracy. Steps to conduct a design patent search in the USA, UK, Europe, or any other jurisdiction:
1. Identification of design views from disclosed design
As you already know that the design patent protects the product’s visual characteristics or ornamental aspects. Thus, first familiarize yourself with the product’s key features and design views from the disclosed design. With this, you have a better understanding of the ornamental aspects that the design patent protects.
2. Identification of Right Keywords and Classes
With a clear understanding of the design view, create a list of keywords that clearly describe the design patent in question. Consider the following keyword selection method for effective keyword selection:
Additionally, utilize classification systems like the Locarno Classification to categorize the design appropriately. This classification helps in narrowing down search results to relevant patents within specific design categories.
3. Perform Jurisdiction-Specific Searches
Conduct searches in relevant patent databases specific to the jurisdictions where protection is sought. This may include databases from the USPTO, EPO, or other national patent offices, ensuring you cover all potential prior art.
Click the Link for the Europe design patent database
Click the Link for the USA patent database
Click the Link for the WIPO global design database
Click the Link for other patent databases
4. Mapping References Based on Various Design Views
Organize and map out references found during the search according to the identified design views. This helps visualize how existing designs compare to new designs and aids in assessing novelty and potential infringement.
5. Submit a Detailed Report
Compile a detailed report summarizing findings from the search. Include relevant and related design patents, highlighting similarities and differences with the disclosed design. Provide insights on potential patentability based on prior art identified during the search.
Consider consulting with our subject matter experts if you encounter complex issues or need assistance interpreting results.
Check out our post for EU Design Registration Benefits, Requirements, and Validity
| USA | Europe | |
| Duration and Renewal | A design patent in the U.S. lasts for 15 years from the date of grant, with no maintenance fees required during that period. | A Registered Community Design (RCD) in Europe lasts for 25 years, but requires renewal fees every 5 years to maintain protection. |
| Examination Process | The U.S. Patent and Trademark Office (USPTO) conducts a formal examination of design patent applications, which typically takes about 12 months from filing to allowance. However, the drawings are not required to include contour lines specifically. The USPTO requires that the design be represented in solid lines for claimed elements and dashed lines for unclaimed parts of the design. Including contour lines is not a strict requirement. | The application process for a Registered Community Design is generally quicker, often allowing for approval in less than a month without a formal examination for novelty. It is up to third parties to challenge the validity of a design based on prior art. |
| Scope of Protection | Design patents provide exclusivity rights only within the United States. The focus is on protecting the ornamental aspects of an article of manufacture. | Registered Community Designs offer protection across all current and future EU member states, providing broader territorial rights compared to U.S. design patents. |
| Requirements for Registration | The application must include specific elements such as a preamble, detailed drawings, and a single claim describing the ornamental design. The drawings must clearly illustrate the claimed design. | While similar in requiring visual representations, European applications allow up to 7 views of the design. The selection of these views is critical since they determine what aspects are protected. |
| Patentability Criteria | Both jurisdictions require that designs be new and original; U.S. emphasizes that designs must not only be novel but also non-obvious in light of prior art. | Both jurisdictions require that designs be new and original; In Europe, the focus is on individual character and distinctiveness. |
Conclusion
Understanding these nuances is essential for effectively navigating the complexities of design protection in the USA, UK, Europe, and other jurisdictions. By recognizing these differences, practitioners can tailor their search strategies to ensure comprehensive coverage and enhance the likelihood of identifying relevant prior art. This knowledge not only aids in supporting successful patent applications but also helps in mitigating potential infringement risks.
For more than a decade, our subject matter experts have been assisting clients globally in safeguarding their intellectual property rights. We combine our extensive industry knowledge with advanced search technologies to deliver comprehensive and precise design patent searches tailored to your needs.
Don’t leave your designs unprotected. Book your design patent search today and take the first step toward securing your intellectual property!