A design patent is a creation of a shape, pattern, color and combination thereof of an object as whole or in part through visual appeal. In addition, computer icons and graphic user interface (GUI) applied to an object can also be filed as a design patent, wherein computer icon and GUI are a plane figure shown by a display device. The figure shall be pattern or a combination of pattern and color, which shall also be applied to an object.
A design patent application can be filed with design of a partial object so that the applicant can file the design patent application with a part of the object to avoid competitor counterfeiting the partial point of novelty of the object.
Graphic Images Design:
Computer icons and graphic user interface (GUI) applied to an object can also be filed as a design patent, wherein computer icon and GUI are a plane figure shown by a display device. The figure shall be pattern or a combination of pattern and color, which shall also be applied to an object.
A set of Designs:
Two or more objects under the same classification and which are customarily sold or used in a set can be filed in a single design application. A set of designs is considered as a whole, and each individual design cannot be separately enforced.
Derivative design patent means that two or more similar designs are owned by the same person, who may file a design patent application, followed by additional applications for any derivative design patents, thereby avoiding the restriction of “first-to-file principle” requirements.
The filing date of a patent application for derivative design shall not be earlier than the filing date of the original patent application for design, nor should it be later than the publication of the original design patent.
Formality Examination and Substantive Examination
15 years from the filing date
Within 6 months from the first filing date
The first annuity shall be made with the certificate fee and subsequent annuity shall be made every year
- A copy of specification and a set of formal drawings or photographs shown front, rear, right, left, top, bottom, and perspective views of the subject matter.
- A brief description of the subject matter.
- The name and address of the inventor/applicant.
- A copy of applicant-signed Power of Attorney.
- A certified copy of the priority document if claiming for a priority right.