INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Industrial Design Laws and Regulations

Title 35, �� 171-173 and �289, United State Code

Laws: Title 35, ��171-173 and �289, United States Code

INDEX

UNITED STATES CODE

TITLE 35. PATENTS

• PART II. PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 16. DESIGNS

Sec.
�171	Patents for designs
�172	Right of priority
�173	Term of design patent

• PART III. PATENTS AND PROTECTION OF PATENT RIGHTS REMEDIES FOR CHAPTER 29. INFRINGEMENT OF PATENT, AND OTHER ACTIONS

Sec.

� 289 Additional remedy for infringement of design patent

TITLE 35. PATENTS

PART II. PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 16. DESIGNS

35 U.S.C. � 171 Patents for designs

Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.

The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.

(July 19, 1952, ch. 950, � 1, 66 Stat. 805.)

35 U.S.C.� 172 Right of priority

The right of priority provided for by subsections (a) through (d) of section 119 and the time specified in section 102(d) shall be six months in the case of designs. The right of priority provided for by section 119(e) of this title shall not apply to designs.

(July 19, 1952, ch. 950, � 1, 66 Stat. 805.)

35 U.S.C. � 173 Term of design patent

Patents for designs shall be granted for the term of fourteen years from the date of grant.

(July 19, 1952, ch. 950, � 1, 66 Stat. 805.)

PART III. PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 29. REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

35 U.S.C. � 289 Additional remedy for infringement of design patent

Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250, recoverable in any United States district court having jurisdiction of the parties.

Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement.

(July 19, 1952, ch. 950, � 1, 66 Stat. 813.)