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Appearance patent is a patent type that many companies will apply. The exterior patent has been welcomed by many applicants with its advantages of low cost, simple preparation materials, easy authorization, and short review time. The design refers to the shape, pattern, or its combination of products, as well as the combination of colors, shapes, and patterns to make new designs that are rich in beauty and suitable for industrial applications. It can be seen that the appearance patent here is the design of the product. Many export companies apply for design patents overseas to protect their products. The US appearance patent and the EU appearance patent are the two most frequent applications. Today we will talk about the difference between the exterior patent application of these two countries.
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Pingcheman cross -border international patent consultant compiled the appearance patent of the United States and the European Union Several differences in appearance patent are as follows:
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2. The audit system and the time of authorization are different [ 123] \u0026 nbsp;
In addition to the different protection areas, the review system, authorization time, and protection period of EU appearance patent and US appearance patent are also different. The EU's exterior patent adopts formal review, and the US appearance patent review is more stringent, and it requires substantial review. Therefore, the official acceptance time and authorization time of the two are relatively different: the official acceptance time of the EU appearance patent is 1 working day, the authorization time is 2-4 weeks, and the official acceptance time of the US appearance patent is 1In about a month, the authorization time needs to be 12-18 months. The protection period of EU has a longer protection period, which is 25 years from the date of application; the protection period of the US appearance patent is 15 years from the date of authorization.
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Another friend found that some products can apply for exterior patents in the European Union, which cannot be in the United States. Why? The main reason is that the EU ’s appearance patent’ s criteria for judging novelty are loose, and the US Patent Law has strict and detailed requirements for novelty. Among them, it is clearly stipulated \u0026 ldquo; Anyone who has obtained patents in the United States or other countries or published or sold in the United States for more than one year, that is, the loss of novelty \u0026 rdquo; This involves a wide range of exterior. The reason why the novelty is widely limited is because the novelty of a design will decline with the extension of the publication. In order to allow designers to decide whether to apply for design through market usage, it provides a wide limit. The width period of the United States is 12 months. In fact, the EU has a wide range of novelty, but the European Patent Convention has a negative attitude towards novelty. Therefore, the width period is more formal.
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The most fundamental reason is that Pingcomman's cross -border zodiac signs believe that the EU and the United States have different review systems for appearance applications. The EU's appearance application adopts the registration and non -registration system, and the registration is approved after passing the form review. In addition to formal review, the United States also conducts substantial review of the subject qualifications and whether the application items meet the requirements of laws and regulations. Therefore, in many cases, the appearance of a product can apply for exterior patent and register in the European Union, but cannot apply for a patent in the United States.
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The above is the main difference between the appearance patent of the United States and the EU appearance patent. Appearance patent, as an intangible asset, has considerable commercial value, is an important means to enhance corporate competitiveness. If you have any questions about the international appearance patent application, you can consult the international patent consultant of Pingcomman's cross -border intellectual property platform. They will provide you with the most professional opinions and application plans to help you obtain patent authorization smoothly.
