如何用英文表达外观专利?
When discussing the concept of a design patent in English, it is important to use precise terminology that accurately reflects the legal and technical aspects of such a patent. Here is a detailed explanation on how to express the concept of a design patent in English:
Understanding Design Patents
Firstly, it is crucial to understand what a design patent is. A design patent is a form of intellectual property protection that grants exclusive rights to the ornamental or aesthetic aspects of a functional item. Unlike utility patents, which protect the functional aspects of an invention, design patents focus solely on the appearance of a product.
Expressing the Concept of a Design Patent
Design Patent Definition:
- "A design patent is a form of intellectual property that protects the ornamental or aesthetic aspects of a functional item, granting the patent holder exclusive rights to the appearance of the product."
- "Design patents safeguard the visual features of an invention, ensuring that others cannot replicate the distinctive look of a product."
Describing the Subject Matter:
- "The subject matter of a design patent typically includes the shape, configuration, pattern, or ornamentation of an article of manufacture."
- "Design patents can cover both the overall aesthetic of a product and the specific details that contribute to its unique appearance."
Comparing with Utility Patents:
- "While utility patents protect the functional aspects of an invention, design patents are concerned solely with the aesthetic or ornamental features."
- "Design patents are often used in conjunction with utility patents to provide comprehensive protection for both the form and function of a product."
Legal Rights Granted:
- "Upon issuance, a design patent grants the patent holder the exclusive right to prevent others from making, using, selling, or importing articles of manufacture that embody the patented design."
- "The patent holder has the authority to sue for infringement if someone else uses the patented design without permission."
Eligibility for Design Patents:
- "To be eligible for a design patent, the design must be new, original, and non-obvious, and it must be applied to an article of manufacture."
- "The design must also be ornamental, meaning it must be primarily for aesthetic purposes rather than functional."
Types of Design Patents:
- "There are two types of design patents: utility design patents and plant patents. Utility design patents protect the ornamental aspects of a functional item, while plant patents protect new varieties of plants."
- "Design patents for functional items are the most common type and are often referred to simply as 'design patents.'"
International Design Patents:
- "Design patents can also be obtained internationally through various treaties and agreements, such as the Hague Agreement Concerning the International Registration of Industrial Designs."
- "International design patents provide protection in multiple countries, making it easier for designers to expand their market globally."
Registering a Design Patent:
- "To obtain a design patent, the applicant must file a patent application with the relevant patent office, including detailed drawings or photographs of the design."
- "The application must also describe the design and its features, and it must meet the requirements for novelty, originality, and non-obviousness."
Maintaining a Design Patent:
- "Design patents have a term of 15 years from the date of issuance, and they must be maintained by paying periodic maintenance fees."
- "Failure to pay these fees can result in the patent being canceled."
Design Patent Infringement:
- "Infringement of a design patent occurs when someone makes, uses, sells, or imports a product that copies the patented design without permission."
- "Infringement can be proven by demonstrating that the accused product is substantially similar to the patented design."
By using these expressions and explanations, one can effectively communicate the concept of a design patent in English, whether in legal documents, academic papers, or everyday conversations. It is important to note that the language used may vary depending on the context and the audience, but the above points provide a comprehensive framework for discussing design patents in English.
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