Patents and designs often have a double or a similar picture. In fact, although they can exist independently, they are related to each other under certain circumstances. A computer keyboard with a unique appearance and an unprecedented operation mode allows the inventor to register his designs and apply for patent rights for the keyboard's operation mode. On the contrary, a novel appearance, but the operation procedure is the same as the market's similar products. With the mouse, an extremely large amount can only apply for a registered design to protect the appearance of its products from infringement. Similarly, if a computer display with a unique appearance that is unique in appearance has only registered an appearance design, its control function will eventually still be unprotected, and it will be impossible for the "legitimate" to manufacture, use and sell it. And the possibility of import.

What is a design?

The design includes features such as shape, style, decoration, or appearance that are visible on the exterior of the article. Basically, the appearance of various products, including appearances of computers, telephones, textiles, toys, jewellery, watches, and household products, can be registered to protect products from infringement. It must be pointed out that a registered design only protects the appearance of the product and does not protect the operation of the design product.

Once a product's design has been registered, its owner, who has been engaged or transferred to acquire the ownership of the design, has the right to prevent others from making, importing, using, selling or renting its design product.

The maximum period of validity of registered design protection is twenty-five years. The first period of registration is valid for five years from the date of submission of the registration application. After the payment of the renewal fee, the validity of the registration can be renewed for five years but it can only be renewed four times.

The design must be registered in Hong Kong before it can be protected in Hong Kong. If owners wish to obtain protection outside Hong Kong, they must apply for registration one by one to the countries or regions that are seeking protection. But even if the design has been registered in the world or elsewhere in the Chinese mainland, the applicant's design will not be automatically protected in Hong Kong.

If a design is not registered in Hong Kong, if the owner has produced the item based on the original design drawing, the item will still be protected by the copyright law for a period of up to 15 years from the time when the item is released on the market. However, the protection provided by copyright laws is limited. If others make similar designs independently, they do not constitute copyright infringement. The owner cannot take any legal action accordingly. On the contrary, once a design is registered, the owner has the right to prohibit others from infringing the design. As long as the infringer's behavior is made after the issuance of the design registration certificate, the owner can file a civil action against the infringer.

How to register a design?

According to the "Registration Design Regulations", only new designs can be registered. The applicant must keep the design confidential until the registration application is submitted. If the applicant has published or disclosed the design in any way before submitting the application, for example, if it is published in the product catalog or orders are issued to manufacture the product of the design, even if the design is allowed to register, it will eventually become invalid and will be challenged. The reason is that on the day the application was submitted, the design was no longer considered a new design.

In only a few cases, the novelty of the design will not be compromised by disclosure. For example, in Article 9 of the "Registration Design Ordinance," section 522, "Concerning Confidential Disclosure, etc.," 1(a): "The owner of the design disclosed the design to any other person in some cases. Such circumstances would make it illegal for other people to use or publish the design." This is an example.

When submitting an application, the applicant must provide photographs or drawings of different angles of the registered goods. These photos or drawings must be submitted together with the application form. Applications (other than applications for registration of textile designs) must also contain novelty statements describing the novel features of the design. The applicant may claim that the shape and configuration or style and decoration of the article in question is novel. If the novelty of the design lies in the matching of colors, the applicant must treat each colour matching as a design and submit a registration application. If the application design is an item that relates to the same prescribed category or the same kit, the applicant may complete more than one design in the same registration application. In addition to the first design, each of the rest of the designs can enjoy discounted fees.

After the application is submitted, the design registration office will make a review. Once the application is accepted, it will be published in the Gazette so that the public can respond to the application. If the application is not opposed, the applicant will be issued a certificate of registration.

What is a patent?

A patent is a proprietary right protected by law that provides protection for the invention. In summary, a patented invention must have the following characteristics:

(a) Novelty. No public announcement was made before applying for registration;

(b) Suitable for industrial applications;

(C) creativity, that is, non-individual technical factors, but can bring originality from the original process;

(d) not a discovery;

(e) not business rules;

(6) It does not violate social order and morality.

Hong Kong's patents are divided into two categories: standard patents and short-term patents. The protection period of a standard patent is a maximum of twenty years and it must be renewed once a year. When the inventor does not wish to obtain a period of 20 years, he may apply for a short-term patent, and the protection period of validity is a maximum of eight years, from the date of submission of the application to a four-year follow-up period. Therefore, the establishment of short-term patents aims to protect products or methods that have a short commercial use period. Granting short-term patents takes relatively little time. Short-term patents can help satisfy their needs for merchants or manufacturers who produce short-term rewarded inventions or commercialize them.

Most people will think that computer software can be included in the scope of the patented invention. In fact, it is protected by copyright law. However, software-related inventions can obtain patent protection if they are not just computer programs. For example: In the European Patent Office and the United Kingdom Patent Office, a software invention related to computers and capable of producing "other technical effects" is patentable. Based on the above, if the relevant software can only automate the procedures that previously depended on intelligence or manual operations, it cannot be registered as a patent, but if the software can solve technical problems, it can be patented.

Under normal circumstances, the patent belongs to the relevant inventor. However, if the person is employed, the patent belongs to the employer; if the inventor is commissioned to create a patent, its rights will depend on the provisions of the commission contract.

Just like registered designs, if you want to obtain patent protection in Hong Kong, you must apply for a patent in Hong Kong. Even if the inventor has applied for a patent in the world or elsewhere in the Chinese mainland, his patent will not be automatically protected in Hong Kong. Upon the patent registration of an invention, the owner has the right to prohibit others from making, using, selling or importing the invention in Hong Kong without permission.

However, before filing a patent application, the applicant must keep the invention confidential. If the invention has been disclosed before submission, the applicant may not be granted patent rights because the invention is no longer novel. Of course, if the applicant or the invention is to be protected outside Hong Kong, he must ensure that any disclosure of the invention in Hong Kong, including the disclosure made after the filing of the application, will not be detrimental to his claim in other countries. patent application.

How to apply for a patent?

Standard patents must first be registered in the United Kingdom Patent Office-UKPO, the Chinese Patent Office-CPO, and the European Patent Office-EPO, before they can obtain rights in Hong Kong.

In simple terms, Hong Kong's standard patent application is divided into two steps:

(1) Registration: The applicant must first apply at one of the above-mentioned patent offices. Within six months of the announcement, the applicant must submit a registration request to the Hong Kong Patent Office.

(2) Registration: When the above-mentioned Patent Office registers a patent within six months, it must submit a registration request to the Hong Kong Patent Office.

When applying for a short-term patent, the applicant may attach a search report when submitting an application. The report must be obtained by the patent office of one of the following countries: China, the United Kingdom, Europe, the United States, Australia, Austria, Japan, and Sweden. , Russia and Spain.

How long it takes to apply for a patent depends on the complexity of the patent. Generally handled by a patent lawyer or agent, it takes about one year to several years and the cost is about tens of thousands of yuan.

There are numerous products with registered designs and patents in Hong Kong, of which the film sticker developed by Yunhao Group in 1997 is one example. This product has broken through the traditional process limitations of pad printing and screen printing. It has undergone more than 3,600 repeated tests and has passed the European EN71 international standard test. Now it has patent rights in China. The same example also has Aurora Symphony Film produced by Engelhard Corporation of the United States. This film, which has a thickness of only ten micrometers, was formed by extruding hundreds of layers of plastic by a machine. The effect of multiple reflections, refractions, and transmissions of light was used to produce a illusion effect. It was already in the United States as early as 1984. Has patent rights. Since then, the company has continued to develop new varieties, and patents have been extended to new products such as satin-light effect film.

Ye Zhirong, the product designer and chairman of the Hong Kong Designers Association, is well-known overseas for his new designs and reputations. His well-designed and invented products have registered designs and registered patents for inventions. Examples of designs that have already been registered include Galaxy Radio, Element Clock Series, and Mr. Yeh Yeung's Flexical (Sushi Calculator). The inventions that are applying for a registered patent include a newly designed ceramic radio. When talking about the new concept of ceramic radios, he pointed out: "The characteristics of ceramic radios are that the materials they use are China's important inventions - ceramics. Because ceramics are China's natural materials, they can be exported directly from China. Natural savings in costs. Many ceramics have high plasticity, which can provide designers with a great deal of space, and are also a good material for speaker production, so they are considering adopting it to produce products.The patent application for this radio has been submitted for more than half a year and has been successfully registered. Although it takes time to register for a design or new invention, it is very time-consuming. However, Mr. Ye believes that it is extremely necessary to avoid damages caused by infringement of the product. He uses his own experience to tell the importance of appearance and patent registration. “In the case of the Shouqian calculator, for example, there were manufacturers who produced a large number of calculators with the same appearance, and then printed them on the “Bikachao” cartoon characters, which were openly sold at the TDC exhibition site. After learning of the incident, I informed the organizer directly about the situation and the relevant units immediately confiscated the other party’s model and also blacklisted them. In addition, there have been companies in the country that have produced similar calculators. After being informed by customers, I immediately sent a letter of law to warn the company's Hong Kong branch to prohibit them from manufacturing and selling those products. It is because I have previously registered designs and patents before I can prevent others from infringing and minimize losses. If you do not register first and the product is plagiarized, what right do you have to sue the other party? So when I designed or invented a new product, the first thing I did was register it and protect myself. ”

source:

1) Intellectual Property Department Website ()

2) Law Journal ()

3) Intellectual Property Service Center Website ()

4) Jingtong International Patent and Trademark Office website ()

Cript language=javascript>