EU design Application

The most easily obtained patent in the world is the European Union design Patent (RCD for EUIPO), which can be authorized within ten working days of normal application, and even more than one working day for accelerated application.

Are the faces of the US Patent and Trademark Office (USPTO) not blushing for those US design applications that haven't moved for two years?

The same is the design, why?

To put it simply: EUIPO is a registration system that only undergoes formal review.

What is the registration system? In layman's terms: the application documents are eligible，and it can be authorized.

Which documents are eligible? Of course, all the information we submitted, including applicant information, product pictures, product names and other information meets the official requirements.

This kind of system, really, everything can apply.

EU design effect

Is the EU design effective?

We often tell customers that the EU design can be issued within 3 working days, and many people are very surprised ~ Then there are questions about the validity of the EU design. At the same time, if someone who wants to do a search for EU design himself, they will find that there are many cases where the same product corresponds to multiple patents. (Harley said: Before filing, a new search is very necessary.)

The validity of EU design patents is beyond doubt. Countless products that have been removed from the EU's design complaints are examples.

Although the EU design can extremely easy to obtain a certificate, but those who have prior rights/rights affected can file an invalidation of the patent. If sufficient evidence of invalidation can be provided, an invalidation of the EU design Patent Certificate is also very important, very easy and very simple (patent invalidation in many areas is accompanied by hearing, which greatly increases the attorney fees for patent invalidation). In this way, you can completely avoid the influence of the other party's patent on you.

but! It only takes a few days to obtain the EU design certificate, while the invalid EU appearance usually takes more than 10 months (in fact, an office decision can be issued in about six months, and the subsequent time is the appeal period of the other party).

During this blank period, what should I do about the product, can it still be sold... Harley said: It depends on the situation, haha

How to avoid infringement

How to avoid infringement? This is the old-fashioned method in the patent industry: apply for a patent before the product is released, and as the person with the prior rights, even if the latecomer plagiarizes the same patent, even if the e-commerce platform can complain about our success, we can still appeal easily, and at the same time we can quickly invalidate their patents, and we can also take action against their products.

In addition, EU design applications have a hidden advantage: many merchants in the e-commerce field already know how to search for EU design patents. Many large e-commerce companies will first conduct patent investigations. Once they find that there are patent applications, they will stop them in time. The development of this product, therefore, the EU design patent application is also a good measure to avoid wrestling with large e-commerce companies on the same product.

Some people forcefully preempt the patents of public models, and some do not even apply for private models before they are put on the shelves. A new product to be sold in the EU can be opened for as little as tens of thousands and as many as hundreds of thousands. Why not be willing to spend thousands of RMB to apply for an EU design patent first? Squatting is a matter of minutes, and there are so many instances of this kind. The company in the picture below preemptively registered patents for a variety of lamps within a day.

It is suggested that new products can first apply for design patents in China and the European Union, and other countries, depending on the sales situation, apply for the United States, Japan, South Korea and other regions within half a year, and the design of the United States and Japan should not exceed one year of the prior publication. The reasons are not described here.

About Us

Hengxun established in January 2020. Mainly engaged in intellectual property-related services, including applications for patents, trademarks, copyrights, etc., intellectual property planning and early warning, intellectual property infringement protection processing, etc.

With the service tenet of “Protecting cross-border undertakings”, we are committed to providing comprehensive and professional overseas intellectual property services for cross-border enterprises.

Our team has many years of experience in intellectual property rights and e-commerce platform matters. We have long-term high-quality law firm resources in many overseas countries, in order to adapt to the fast pace of e-commerce, provide professional and efficient services