Copyright © Françoise Herrmann
The striking design of the EKO DUO, combining both stethoscope and ECG is (Electrocardiogram) is covered in the US Design patent USD851253S1, titled Mobile cardiac sensor. As a reminder, the difference between a utility patent and a design patent is significant, both in terms of content and form. According to the USPTO Manual of Patent Examination Procedure:
“a utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171) [MPEP Chapt. 1502.01; [R-07.2015]].
Below, the design patent cover-page figure drawing, showing the ornamental aspects of the back and front of the device, together with an image of the marketed EKO Duo, also showing the back (push button) and front (dual sensors) of the device.
References
EKO Duo(website) www.ekohealth.com
USPTO - MPEP
– Chapt. 1502-01 – Distinction between design and utility patent.
No comments:
Post a Comment