外观专利英文法律依据有哪些？

外观专利，又称设计专利，是指对产品的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。在国际上，各国对于外观专利的法律规定不尽相同，但以下是一些主要国家或地区的外观专利英文法律依据：

United States: 35 U.S.C. § 171

In the United States, the primary legal basis for外观专利 protection is found in Title 35 of the United States Code, specifically Section 171. This section states:

“Whoever invents or discovers any new, original, and ornamental design for an article of manufacture, or any new, original, and ornamental design for a utensil, implement, or vessel, and files an application to register the same in the United States Patent and Trademark Office, shall be entitled to receive a patent therefor, subject to the conditions and requirements of this title.”

This section outlines the basic requirements for obtaining a design patent in the United States, including the novelty, originality, and ornamental character of the design.

European Union: Regulation (EC) No 6/2002

The European Union provides for the protection of designs through Regulation (EC) No 6/2002. This regulation applies to all member states and sets out the following key provisions:

“A Community design shall be protected in all the member states. A Community design is a registered or unregistered Community design as defined in Article 2.”

This regulation defines the scope of protection for Community designs, the conditions for registration, and the rights of the design owner.

Japan: Patent Act, Article 49

In Japan, the legal basis for外观专利 protection is found in the Patent Act, specifically Article 49. This article states:

“A design patent shall be granted to a person who has invented a new, original, and ornamental design for an article of manufacture, and who files an application for a design patent within six months from the date of first publication or public disclosure of the design in Japan or abroad.”

This article outlines the requirements for obtaining a design patent in Japan, including the novelty, originality, and ornamental character of the design.

China: Patent Law, Article 23

In China, the legal basis for外观专利 protection is provided by the Patent Law, specifically Article 23. This article states:

“A design patent shall be granted to a person who has invented a new, original, and ornamental design for an article of manufacture, and who files an application for a design patent within six months from the date of first publication or public disclosure of the design in China or abroad.”

This article also outlines the requirements for obtaining a design patent in China, similar to those in Japan and the United States.

United Kingdom: The Patents Act 1977, Section 41

In the United Kingdom, the legal basis for外观专利 protection is found in the Patents Act 1977, specifically Section 41. This section states:

“A design patent may be granted for an invention which is new, has individual character, and is not obvious to a person skilled in the art.”

This section outlines the requirements for obtaining a design patent in the United Kingdom, including the novelty, individual character, and non-obviousness of the design.

Australia: Patents Act 1990, Section 32

In Australia, the legal basis for外观专利 protection is provided by the Patents Act 1990, specifically Section 32. This section states:

“A design patent may be granted for a new design, which is not an obvious design for a person skilled in the art, and which is capable of being produced in a finished article of manufacture.”

This section outlines the requirements for obtaining a design patent in Australia, including the novelty, non-obviousness, and industrial applicability of the design.

Conclusion

The legal basis for外观专利 protection varies from country to country, but the general principles remain consistent. Each jurisdiction has its own set of requirements for obtaining and maintaining外观专利 rights, including the novelty, originality, ornamental character, and industrial applicability of the design. Understanding these legal frameworks is crucial for anyone seeking to protect their designs and prevent others from copying or imitating their work.