Design Coverage in Patent Databases and Mixed Patent/Design Families
We are often asked to search for designs as prior art in order to challenge the validity of a previously registered design. In the case of FTOs involving a product with a specific shape, texture, or GUI (Graphic User Interface), it is essential to examine the designs as well as the patents and to determine in which countries they have been granted and whether they are still in force.
There are traditional specialized sources for this type of research, and there are also several AI-based tools available on the market that offer an automated search engine—not only for images available on the web but also for databases of registered designs. However, several traditional patent databases also include designs, and this coverage appears to be expanding.
This presentation will examine the current state of the art regarding the information available on designs, particularly as found in patent databases; the various search options, with special reference to “mixed families” of designs and patents; the criteria underlying the construction of these databases; and the current rules governing priority.