What Is a Design Patent?

A design patent registration https://www.accoladeip.com/hk/en/patent-fee-schedule/ is a type of intellectual property protection that can be applied to the visual qualities of an item of manufacture. It is also known as an ornamental design patent.A design patent can protect the appearance of an object and make it more attractive to customers. This is because it makes the product stand out from others. It also protects the design from being copied by other companies.

It protects the visual qualities of a manufactured item

The United States Patent and Trademark Office (USPTO) defines a design patent as a “design consisting of the visual ornamental characteristics embodied in, or applied to, an article of manufacture.”

A design can be based on configuration, surface ornamentation, or some combination of these features. The design must be original and not merely a replica of another object.

Design patents are particularly important for products that are apt to be copied by unscrupulous manufacturers and vendors. This practice can diminish the value of legitimate goods and harm brands, especially online or when they are sold at a significant discount to consumers.

Design patents are also useful in identifying and proving counterfeit product infringement. The drawings issued in a design patent can be held next to an accused product and compared to it. This can help CBP to seize infringing products at the border and prevent imports of counterfeit goods into the U.S.

It is a form of patent protection

A design patent registration is a form of patent protection that covers the visual qualities of a manufactured item. Unlike utility patents, which protect the structure of an article and its functional elements, a design patent only protects its visual appearance and surface ornamentation.

A designer or creator can obtain a design patent by filing an application with the United States Patent and Trademark Office (USPTO). However, it is best to hire a patent attorney who specializes in design patents.

An applicant must file a complete design patent application that includes a drawing disclosure of the claimed design. The drawing must be clear and detailed and comply with the disclosure requirements of 35 U.S.C. 112, first paragraph.

It is a form of copyright protection

Design patents, like copyrights, are designed to protect original works of expression. Those works may include novels, poems, paintings, sculptures and photographs.

A designer who creates an ornamental design that embodies the designer’s creative expression and functions as a design can obtain a copyright on that work of art. However, no one can obtain a copyright on nature itself, as it belongs in the public domain.

In addition to protecting their creative expression, designers can also use copyright protection as a way to prevent others from using the design without permission. They can use a design patent to force infringers to pay a royalty, disgorge their profits, stop selling the infringing products or prevent them from entering the U.S.

The scope of a design patent claim is determined by the drawing figures and specification. The specification should describe the subject matter and include any additional descriptive information that can assist in describing the drawing figures.

It is a form of trademark protection

A design patent protects the ornamental appearance of an object, such as the shape of a product or bottle. This type of protection is useful to manufacturers who want to keep competitors from copying their designs.

It can also be useful for business owners who want to create a distinctive brand identity for their products and services. For example, a fitness monitor may be protected under both design patent and trade dress laws to help prevent a competitor from making an adhesive fitness monitor with similar features.

In the United States, design patents are granted for a term of 14 years. This term of protection is much shorter than the terms provided by trademark and trade dress rights.

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What Is a Design Patent?