Topic 3: Design and Patents

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Questions and Answers

What is excluded from protection under industrial design legislation?

Designs with unique textures

Functionally innovative products

Designs that are determined strictly by their function (correct)

All ornamental designs

Which of the following is a requirement for a design to be protected under European industrial design?

Market approval

Novelty (correct)

Commercial success

Previous registrations

Who is considered an 'informed user' in the context of design evaluation?

An ordinary consumer

A design expert

A professional artist

Someone paying moderate attention to detail (correct)

What does the term 'individual character' refer to in industrial design protection?

Designs that differ enough to create an overall impression Signup and view all the answers

What automatically grants protection to a design without the need for formal registration in the EU?

Public availability of the design Signup and view all the answers

What is the maximum duration of protection for designs under the relevant European legislation?

70 years Signup and view all the answers

What should a designer do if they publicly disclosed their design and want to apply for protection?

They have 12 months to file for protection Signup and view all the answers

Which organization is responsible for examining designs and determining their eligibility for protection in Europe?

European Intellectual Property Office (EIPO) Signup and view all the answers

What is the maximum duration that a patent can grant exclusive rights to an inventor?

20 years Signup and view all the answers

Which article in the EPC defines the requirements for patentability, including novelty, inventive step, and industrial application?

Art. 52 Signup and view all the answers

What does 'enabling disclosure' refer to in the context of patent applications?

A disclosure that allows reproduction of the invention Signup and view all the answers

Under what condition can a computer program be patented according to the EPC?

If it has a technical contribution or effect Signup and view all the answers

Which of the following things cannot be patented?

Scientific discoveries Signup and view all the answers

What is meant by the term 'state of the art' in patent law?

Any public knowledge available to anyone in the world Signup and view all the answers

Which article allows for disclosure at international conventions six months prior to the filing date without breaching novelty?

Art. 55 Signup and view all the answers

What type of rights does the TRIPS agreement establish?

Patent rights within WTO boundaries Signup and view all the answers

What happens to patent rights if a patent holder licenses their patent to a producer in another country?

They lose the right to control the product in that country Signup and view all the answers

Which criteria determines whether an invention has an 'inventive step'?

It is not obvious to an expert in the field Signup and view all the answers

Under patent law, which of the following is true about unauthorized disclosure?

It refers to bad faith disclosures only Signup and view all the answers

What is the purpose of disclosing how to produce a patented item?

To prevent reverse engineering Signup and view all the answers

What is one limitation placed on the patentability of inventions in relation to morality?

Contrary to public order or morality Signup and view all the answers

Study Notes

Industrial Design Protection in Europe

Distinct from utility: Industrial design, as per the Community Design Regulation (CDR), protects the appearance of products, not their function. A product's design can be protected even if the product is not useful.
Protection Period: Designs are protected for 70 years.
Key Legislation: The Design Directive and the CDR are the primary legal instruments. The European Intellectual Property Office (EIPO) is the governing body.
Protected Aspects (Art. 3 CDR): Appearance of products (or parts) – handles, soles, etc., resulting from lines, contours, texture. Designs contrary to public order/morality are excluded. Designs strictly dictated by function are not protected.
Examples: The Brompton bicycle design is not protected if the appearance is a direct consequence of its function.
Novelty Requirement: A design must be new to the market.
Individual Character Requirement: Designs must possess originality/difference from existing designs. The "informed user" standard is used (a consumer attentive to details). The overall impression matters.
Informed User Example: Slight differences in a barstool (with many design constraints) are significant than minor design changes in a dress.
Disclosure Exceptions: If the designer publicly reveals their design, they have 12 months to apply for protection.
Burden of Proof: The party claiming infringement bears the responsibility of demonstrating disclosure.
Unregistered Community Designs: Protection arises automatically upon first public EU disclosure. Duration is 3 years. This protection only applies to identical products (not similar ones).

Patent Protection

Legal Basis: The European Patent Convention (EPC, 1973) guides patent law, and the European Patent Office (EPO) manages its application.
Patent Nature: A patent grants exclusive rights to inventors (individuals or businesses) to produce, sell, and use their invention within a specific geographical area for a given time, usually a maximum of 20 years.
Patent Disclosure Requirement: Patent holders must disclose their invention's methodology or process.
Patent Requirements (Art. 52.1 EPC): Novelty (not previously publicly disclosed), Inventive Step (not obvious to a skilled person in the field), and Industrial Application (practical function with commercial value).
Novelty (Art. 54): An invention must be novel – not part of the existing public knowledge (state of the art). Disclosure can be public in any form (oral, written, video) anywhere in the world.
Inventive Step: The invention must represent a non-obvious advancement to a knowledgeable practitioner in the field (Art. 56).
Industrial Application (Art. 57): The invention must have a demonstrable commercial value.
Non-Patentable Items: Mathematical methods, scientific discoveries (unless relating to a medical application), works of art, business schemes, or collected information.
Computable programs: Can be patented if they have a technical contribution or effect.
Non-Patentable Due to Morality (Art. 53): Inventions contrary to public order or morality (e.g., x-ray glasses), plant/animal varieties (except microbiological processes), clinical treatment/diagnosis methods. (Medicines, equipment, and pharmaceuticals can be patented.)
Patent Exhaustion: Licensing a patent to another producer in a different country transfers the rights regarding products made from the license to that other country's laws and the licensee.

International Patent Protection

World Level (WIPO): World Intellectual Property Organization (WIPO) is the international body overseeing global patent standards through the Treaty within the WTO. The TRIPS Agreement further regulates patent laws.
Regional Level (EU): The European Patent Convention (EPC) is a multilateral treaty establishing a unified patent system within Europe. The EPO manages patent applications. A patent application in multiple countries (e.g., France, Germany) generates separate patents in each country. Enforcement remains national.

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Description

Explore the key aspects of industrial design protection in Europe through this quiz. Learn about the distinct features that separate design from utility, the legislation that governs design rights, and the requirements for novelty and individual character. Test your knowledge on how designs like the Brompton bicycle are treated under European laws.