April 19, 2011

Appearance Overrides Function in Design Patent Applications

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

This article describes a 2007 case in which the Board of Patents again rendered a decision affirming that only the shape or appear­ance of a product design shall be taken into consideration when deter­mining patentability. It is not necessary for a product design to have an improved or developed function as this does not reflect the patentability of the product design.