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- Do you need a cad drawing for a design patent trial#
- Do you need a cad drawing for a design patent professional#
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Practitioners say the difficulty in Magmatic’s claim could be traced back to its RCD application.
Do you need a cad drawing for a design patent professional#
The obvious first step is to obtain professional legal advice at the outset. Strategy will of course differ depending on the design and individual circumstances. Practitioners say some steps can be taken to secure a strong scope of protection for registered designs and make it difficult for infringers. See box 2 for a review of other rights which may be available to designers.ĭespite the scepticism, the majority of UK practitioners encourage creative people with original designs to see registered designs as the best IP right to protect the appearance of their products. Magmatic indeed succeeded in its claim on UKUDR infringement - which remains unchallenged. “It seems that it is more useful for a designer to sue on the basis of the UKUDR than on registered rights,” Derclaye concluded. A research paper by Estelle Derclaye revealed that where a registered design failed, UKUDR often succeeded. The decision has reignited the debate on whether designers are better off relying on other IP rights - especially unregistered design rights (UDR) - than registered designs in the UK. Neuberger emphasised that his views on this particular issue must be treated as “strictly obiter” i.e. Also the presence of ornamentation on an alleged infringing item is also a factor to be taken into account when deciding the question of infringement. In principle, the absence of ornamentation can “be a feature of a registered design” – whether CAD drawings or line drawings - but such conclusion would depend on the proper interpretation of the images of the registration. Nonetheless, each registered design must be interpreted in its own context (paragraph 46).Ĩ. If an applicant decides to submit CAD drawings of a design whose components have different colours, then the natural inference is that the different colours are intended (paragraph 52).ħ.Ě registered design illustrated by simple line drawings is more likely to be afforded a wider scope of protection than other types.
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“here a design is shown in colours, the colours are claimed, while a black and white drawing or photo covers all colours” (paragraphs 18 and 34).Ħ.
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Therefore the responsibility is on the applicant “to make clear what is included and what is excluded in a registered design” (paragraphs 31 and 32).ĥ.Ě registered design shown in monochrome image means it is not limited to particular colours. The images submitted by an applicant for registered design will be used to “exclusively identify the nature and extent of the monopoly which he is claiming”. line drawings or CAD drawings (paragraph 30).ģ.Ě judge has to conduct a global comparison of the designs at issue, on a “like-for-like basis”, taking into account all features such as colour contrasts or shading and surface decorations (paragraphs 39 and 53).Ĥ. To determine the scope of protection afforded by a registered design, there must be a proper interpretation of its illustration e.g.
Do you need a cad drawing for a design patent trial#
Registered designs still the best Eight nuggets from Neubergerġ.Ěn appellate court is entitled to conclude that a trial judge overlooked a significant point, and therefore made a material error, if he or she failed to mention it in his or her judgment (paragraphs 24, 25 and 39).Ģ. “If someone who is producing a similar design correctly identifies the key elements and applies them differently then they may avoid infringement,” he said. Patrick Wheeler, partner at Collyer Bristow, sees it that way too. “Copyists ought not to avoid infringement by applying different markings to a product,” they said. In an article in 2014, Simmons & Simmons partner David Stone and William Corbett also made similar remarks concerning the Court of Appeal’s decision.
Do you need a cad drawing for a design patent free#
The judgment was of course about registered Community designs (RCDs) but some practitioners say it may also affect how UK courts interpret UK registered designs.ĪCID CEO Dids Macdonald said the judgment “will contribute to design law chaos allowing those who produce lookalikes a free rein”. Many in the UK designs community fear the Supreme Court’s decision could embolden copycats who may avoid registered design infringement in the UK by applying surface decoration on their products.