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Design Patents - How do you protect the look of your product? *Attorney Advertising* - YouTube
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hi jason roslin here with another
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ipbasics and in this one we're going to
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talk about how you can protect the look
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of your product and that's done with
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design patents
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under the statute design patents protect
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new original and ornamental designs for
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an article of manufacture and what that
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means is if you have something unique
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a unique look to your product
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it could potentially be protected by
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design patent and because it's all about
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the look of the product we're going to
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look at some examples of
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design patents that have registered by
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looking at
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what has been filed the actual
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registration certificate
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which
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is essentially
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illustrations of the design that the
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inventors are claiming so here is
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one of the most famous office chairs
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around the herman miller
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can't go into a law office without
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seeing them as well as most other
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offices these days but they filed to
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protect the design
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that they created for the chair so it's
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not protecting the aesthetics here it's
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actually protecting that look of the
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product
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for something like a chair
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the interesting thing is this was filed
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back in
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well
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they registered in 1994
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and
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i don't remember exactly then but
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patents now 14 years so it had a 14 year
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term so one of the the downside to a
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design patent is that it does have a
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term
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which is 14 years or now it's 15 years
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from the date of issuance so this
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patents already expired which
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is probably why there's a lot of
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competitors out there with a similar
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design
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but for the first 14 years no one can
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copy them
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here another example is uh nike filed
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for a the head of a putter
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so you can see
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protects what
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the shape and look of that putter head
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doesn't mean that someone else can't
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make a putter head it just means they
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can't make one that's that exact shape
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nike also has for design of a shoe
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here's one that
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i think most people are gonna know but
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one of the iphone versions
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apple won a very large case against
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samsung
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mostly based on design patent
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infringement
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a few years back which i'm sure you
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heard wasn't
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about it in the news so
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so there's their design pattern to
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protect that in addition they also had
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design patents that actually protected
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the graphical user interface which as
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you can see here is one from 23andme
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that they filed i mean this is a pretty
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basic graphic user interface but
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sometimes you can even capture the
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motion that's on a graphical user
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interface as you go from screen to
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screen
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and here's a pair of pants you know
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fashion industry
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a lot of times it's hard to protect
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fashion the
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look of a dress the look of a shirt
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but
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design patent has been something that
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we've been starting to use and see a lot
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more filings in the fashion industry
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i filed some for handbags for other
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pieces of jewelry
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and here's one that google filed for a
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camera
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know for a webcam so
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that's just some examples of design
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patents if you have a product that's you
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know unique looking
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even though maybe there's no other
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[Music]
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invention in there other than just the
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look of it a design patent could be a
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really good option for you so
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if that's the case and you have a unique
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product speak to a lawyer reach out to
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us you can always contact us at
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888-666-0062 or jhrlegal.com
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thanks for listening
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