Design Patents vs. Registered Community Design of the European Union – A guide not only for US applicants

The present article is a comparative study of similarity (differences) between “US Patent Design” and “Registered Community Design” in the European Union. Both “design rights” are providing exclusivity rights in different territory. The “US Design Patent” provides an exclusivity rights in the USA while “Registered Community design” provides an exclusive right in the whole European Union.

The European Union Design system

A design generally means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. Product means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex…
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