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Design patent infringement laws protect unique designs from imitation and allow patent holders to block the importation of infringing goods. Design patents protect the appearance of a product and are granted for novel ornamental designs. Infringement can occur through copying, non-commercial use, or importing. Design patents last for a limited time, after which copying is not infringement.
Design patent infringement laws protect patent holders from imitations that are substantially similar to the original design and can block the importation of goods that infringe the patent holder’s design. An individual who obtains a design patent does so to protect the appearance of the product. To obtain the patent, the individual must demonstrate that the design of the patented invention is unique, and the individual must overcome any objections raised by other patent holders. Once a patent is granted, the patent owner has the exclusive right to reproduce the design or to license it to others. Any company or individual who imitates the design may be guilty of design patent infringement, whether or not they use it in commerce.
A design patent is awarded when the inventor can demonstrate that his product includes a novel ornamental design. As the name suggests, the design model is concerned with the appearance and visual characteristics of the design applied to the invention and not with the function or structure of the invention itself. For example, some manufacturers have applied for and been granted a design patent for their eyewear, even though they don’t have a regular patent for the eyewear. Design patent infringement is often not possible if the design is not affixed to a product or tangible asset. For example, a design drawing or image may lead to other forms of intellectual property infringement, but not design patent infringement.
There are several ways individuals can infringe on a design patent, which may or may not involve commercial transactions. To begin with, making a copy of a design or model is a form of counterfeiting as long as the design or model is attached to a good or manufactured article. Another way individuals are accused of infringement is when they use the design for a non-commercial purpose, such as in a presentation or video on their website. Design patent infringement often occurs when someone copies the design patent and sells it. If a business or individual attempts to import the item into the United States, that business or individual may be guilty of infringement even before selling it.
Design patents often don’t last indefinitely. Once the patent protection period has expired, people who copy the design cannot be guilty of design patent infringement. For example, in the United States, a design patent lasts 14 years from the time it is granted by the United States Patent and Trademark Office.
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