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如何用英文描述外观专利的授权标准？

In the realm of intellectual property law, the grant of a design patent is a significant milestone for inventors and designers. A design patent protects the ornamental aspects of a functional item, which can be a shape, configuration, pattern, or combination of these elements. The United States Patent and Trademark Office (USPTO) has established specific standards that must be met for a design patent to be granted. This article aims to provide a comprehensive description of these standards in English.

The first criterion for the grant of a design patent is novelty. According to 35 U.S.C. § 171, a design must be new, meaning it has not been previously disclosed in any printed publication in this or any foreign country. The novelty requirement ensures that the design is distinct and has not been previously available to the public. To demonstrate novelty, the applicant must show that the design is not identical to any existing designs that are already known or used by others.

The second criterion is non-obviousness. While the non-obviousness requirement is not explicitly stated in the statute for design patents, it is implied and has been interpreted by the courts. A design is considered non-obvious if it would not have been obvious to a person of ordinary skill in the art at the time the design was created. This means that the design must be something that would not have been readily apparent to a designer in the same field.

Next, the design must be original. Originality is a key factor in determining whether a design patent will be granted. The design must be the product of the inventor's own creativity and not a mere copy of an existing design. This requirement ensures that the design patent is awarded for an invention that is genuinely new and not merely a duplication of another design.

Another important criterion is that the design must be ornamental. The USPTO defines an ornamental design as one that is primarily for aesthetic appeal rather than functionality. This means that the design must be more than just functional; it must also have a visual appeal that is distinct and new. A design that is primarily functional, such as a utilitarian shape or a design that is solely for ease of manufacture, is not eligible for a design patent.

The design must also be applied to an article of manufacture. According to 35 U.S.C. § 171, a design patent can be granted for a new, original, and ornamental design for an article of manufacture. This means that the design must be applied to a tangible item that can be made or produced. The article of manufacture can be a wide range of items, from consumer goods to industrial equipment.

Additionally, the design must be permanent. A design is considered permanent if it is applied in such a way that it cannot be readily removed without affecting the article of manufacture. This requirement ensures that the design is not merely a temporary feature that can be easily altered or removed.

To successfully obtain a design patent, the applicant must also meet certain formal requirements. The application must include a clear and concise description of the design, along with any necessary drawings or illustrations. The drawings must be of sufficient quality to enable the examiner to understand the design and to determine its eligibility for a patent.

The application process for a design patent also involves an examination by a patent examiner at the USPTO. The examiner will review the application to ensure that it meets all the criteria for grant. If the examiner finds any deficiencies, they will notify the applicant, who will then have an opportunity to respond and provide additional information or corrections.

During the examination process, the examiner may also conduct a prior art search to identify any similar designs that have been previously disclosed. If the examiner finds that the design is not new or original, or if it does not meet the other criteria, they will issue an adverse decision. The applicant may then appeal the decision to the Patent Trial and Appeal Board (PTAB).

In conclusion, the grant of a design patent by the USPTO is based on several key criteria. These include the design's novelty, non-obviousness, originality, ornamental nature, application to an article of manufacture, and permanence. The applicant must also meet the formal requirements of the application process and successfully navigate the examination and potential appeals. By understanding these standards, inventors and designers can increase their chances of obtaining a design patent that will protect their unique and creative designs.