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European vs. U.S. design rights

3/6/2017

 
A US design patent can be obtained for any new, original and ornamental design for an article of manufacture. It must be non-functional and non-obvious. 

In Europe, to qualify as a Community Registered Design (CRD), the design has to be new, have an individual character and not be solely dictated by technical function. “Individual character” exists if the design produces a different overall impression on an informed user than other, earlier designs.

The U.S. has stricter requirements than Europe for obtaining design protection.  More information comparing and contrasting European vs. U.S. design rights can be found at the below website:


https://www.barkerbrettell.co.uk/continental-comparisons-eu-vs-us-design-rights/

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