質問
Hi, we have designed a wearable device which links to a mobile app. The device measures and collects health data from the user, which our software then processes and displays on the app's interface, with additional recommendations, consultations, fitness-related feedback etc. One way in which the device is completely different from anything on the market is its innovative design, which blends functionality with art. We would like to protect the design, but how do we do this best? (As a startup, what degree of protection can we reasonably afford?)
回答: 2 公開 & 1 非公開
You probably want to pursue a design patent - currently, a design patent is good for 15 years and protects the appearance of the device. If there is actual structure which provides function to the device, then you would probably want to also pursue a utility patent. Consult a patent professional so as to ensure that you are pursuing the correct avenues of protection for your device.
As mentioned, the ornamental appearance of your device may be protectable under a design patent, provided the design meets statutory requirements. Design patents are relatively inexpensive to acquire (e.g., micro entity filing/search/exam fee is $190), have no maintenance fees, and experience shorter prosecution timeframes.
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