It is well known that works of art design can be registered as copyrighted. But if you can still apply for a design patent, do you know what conditions you have to meet to apply? Take a look at it with the small editor of Dongchuang Network~
Under what circumstances can I apply for both a design patent and a copyright registration?
According to the definition of the Patent Law, a design patent application needs to satisfy the condition that "it is not an existing design and should be distinctly different from the existing design or a combination of existing design features". That is to say, the design patent requirements are unique.
We can apply according to our actual situation, like the appearance of some products we usually see, clothes or dolls and other designs, as long as there are innovative and creative products, many have applied for appearance patents
Benefits of both patenting a design and registering a copyright:
1. Protect creative works as early as possible:
Appearance patent applications can only be authorized after they need to be examined and approved by the examiners of the patent office, and the time is usually about 6 months, while the copyright registration only takes 1-2 months as long as the materials are prepared, and it only takes 1-2 months if the copyright registration is carried out first or the two applications are carried out at the same time, and the creator's labor results can be protected as soon as possible
2. Works are subject to multiple protections
Appearance patents are protected by the Patent Law, and after copyright registration, they are protected by the Copyright Law. If an infringement dispute occurs, evidence protection can be provided by multiple parties, and the design patent of the appearance enjoys exclusivity and patent rights during the validity period of the patent, and the protection is greater, and the patentee can request the State Intellectual Property Office to issue a patent right evaluation report, and the strength of rights protection and claims is greater under the premise of a positive evaluation report.
If you also have art design works and meet the conditions, apply for a design patent and copyright registration as soon as possible. Xiaobian reminds you that in order to improve the authorization rate of patents, it is best to submit a patent application first, and then register the copyright