Скачать или смотреть What are design patents? What can they protect?

Transcript:
Hello everyone. Today I'm talking to you about design patents. Design patents protect the ornamental or decorative features of an item. This is in contrast to a utility patent, which protects a function or, or a machine or a process or transformation of material. Design patents are only supposed to be used to protect decorative aspects, but in a recent federal circuit case, two or a few design patents were upheld, which also provide what the plaintiff complained was a functional aspect, specifically the, uh, the aesthetic appeal of the items. Now, the design pads in question were, uh, belonged to Ford Global Technologies, Ford Motor Company. They were for automotive parts, specifically headlamps and uh vehicle hoods, truck hoods. And the plaintiff automotive body parts association complained that the market advantage that Ford God by consumer preferences for the Ford parts gave the design patents a functional aspect because the aesthetic appeal was functional.

That was their argument. The federal circuit said no. Uh, it stated that a valid design may contain functional elements, uh, because a, a thing, an article of manufacturer is the legal term, of course, will serve a utilitarian purpose. I mean it's, it's got a use and that alone doesn't make, it doesn't invalidate the design patent in question. So this is great news for, uh, designers and manufacturers. If you've got an object and you think you have a design you'd like to protect, or if you already have design patents, let me know. Be happy to discuss with you. Thanks. Take care.