As we noted in
Are Design Patents Missing From Your IP Portfolio, a design patent protects the visual ornamental characteristics of an article and can be an important part of a company’s patent portfolio. Like other patent rights, design patent applications may be filed internationally to expand the number of countries in which a company’s designs are protected.
Determining where to obtain protection for a company’s designs generally depends on a number of factors, such as where products featuring the designs are being sold, planned to be sold, or likely to be copied, where competitors are located, where products featuring the designs are manufactured, and the local patent requirements. Regardless of these considerations, obtaining protection in Europe and China can be valuable for a company looking to expand the breadth of protection for its designs. Thus, it is important to be aware of some of the recent changes to design laws in those jurisdictions.
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