Essay, Pages 4 (909 words)
As per the U.S. design patent law, the subject matter claimed is the design embodied in or applied to an article of manufacture and not the article itself. The design must the meet the criteria being be Original (Novel), non-obvious, original, ornamental and non-functional. It includes the both two- and three-dimension design. To get the design patent on the ladies writing desk Oriental Furniture Inc., must satisfy the all relevant requirements.
Ornamental and Non-functional The first and foremost requirement is that a design has to be ornamental and nonfunction means design patent is not solely by function but instead by a desire to style or esthetic appearance or ornamental appeal to the product.
In this case, Oriental Furniture cannot get the patent on the functionality of the desk but will cover the way the products look, not the function of a desk. In reprise the ladies writing desk can get patentability based on the design of the article, not utility.
Originality (or Novelty)Under the U.S design patent law the ornamental appeal or design has to be novel it refers to as originality of esthetic appearance in essence that it has to be original to the author or creator. Novelty can be determined by looking at the knowledge based on Prior Art that existed before the filling date of a patent publication.
Oriental Furniture Wearhouse, located at Norwalk, CT which is operated under the www.orientalfurnishings.com established on 1984 is selling the similar product in respect to they have similar shapes and appearances even though they are related articles.
But both the writing desk having different surface ornamentation which creating distinct appearances must be make the Oriental Furniture Inc. to make an eligible for to get a patent on the art/design created on surface by using the decorated customized unique design embodied on the article but not eligible to get on product shape which has the prior art of the similar shape product.However, the patent law of the United States, mandates that the invention shall be considered as novel if it is not known or used or not disclosed by or patented in US or in any foreign country before the said Priority date. In this case Oriental Furniture Inc. is deploying the ladies writing desk from July 1, 2017.
So, if Oriental Furniture Inc. applies for the patent at present then it will not eligible to get benefits of use a one-year grace period.In conclude, after the one-year grace period the design or ornamental appearance becomes public domain and Oriental furniture Inc. is not eligible for patent protection for design of writing desk since it is considered to be prior art 35 U.S.C. 102 Conditions for patentability.
Per the US patent law non-obviousness is defined as a sufficient difference from what has been used or described before the filling date. In this case the shape of the desk can be consider as the obvious as it similar with the other product (here) which is manufactured by the Oriental Furniture Wearhouse is different brand then the Oriental Furniture Inc. but the it’s surface arts is non-obvious as it has the significant with other product. But as per the US patent law the new desing may differ in one or more ways from another patented design or may be a prior art disclosed publicly. In this case the, Oriental Furniture Inc. is deploying the ladies writing desk from July 1, 2017 which is So, if Oriental Furniture Inc. applies for the patent at present then it will not eligible to get benefits of use a one-year grace period and that design would be consider as a prior art.
So, it can be concluded that after the one year of the public discloser the design of the art would become public domain and is not eligible for patent protection and consider the obvious as per the 35 U.S. Code 103 – Conditions for patentability; non-obvious subject matter.Embodied in or Applied to a utilitarian articleTo be protected under the law of industrial design artistic expression that is incorporated into the actual design of a product and cannot be sort of physically or conceptually separated from the product itself. A design must consist of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since in this case an art work of the mother of pearl is manifested in appearance and applied on the surface of the article of manufacture. And it can be argumentative that the art work is applied on the desk is not the conceptually separable and it would be eligible for the design patent.
In addition, the mother of pearl applique is actually made by a machine and it is the reasonably accepted that the art work of the mother of pearl applique is capable of mass production and commercially produce so it fulfil the additional legal requirement of the protection of industrial design. Also, this invention is not in contrary to a nation’s public policy and this has been proved by the successful selling the 300 desks from July 1, 2017. Based on the analysis, the Oriental Furniture Inc. will not get/eligible for the the design patent rights in the United States as its design is in public domain and prior art as per the 35 U.S.C. 102 as company failed to register with in the one year of the grace period after the public discloser by starting its first selling of the desk on July 1,2017.