Design Patents

Design Patents: Protecting Your Product’s Unique Appearance

Design patents are a crucial form of intellectual property protection for inventors and businesses looking to safeguard the ornamental features of their products. Unlike utility patents that protect how an invention works, the focus of a design patent is how the invention looks.

Scope of Design Patents

Design patents protect ornamental designs on articles of manufacture. Although a patentable design may have functional or structural aspects, the ornamental aspect of a design must not be dictated by function alone. One test of ornamentality is whether the article of manufacture would still function without the design or with a different design. If so, the design is likely to meet the ornamentality requirement. Consider an arrangement of triangular ventilation holes for cooling a machine. If the function of ventilation could be accomplished with round holes or slits, the arrangement of triangular holes would be patented as a design. If the ventilation would not work without the triangular arrangement of holes, the functional aspect would be said to predominate the ornamental aspect, rendering the triangular holes ineligible for a design patent.

For a design that has some functional or structural aspects, only the ornamental aspect of the design is patentable under a design patent. If the functional or structural aspect of a design is new and otherwise patentable, it may also be eligible for a utility patent.

Let’s explore some interesting facts about design patents and delve into the unique aspects of the design patent process.

Interesting Facts About Design Patents

1. The first design patent was granted to George Bruce in 1842 for a new typeface.
2. Apple’s iconic iPhone design is protected by multiple design patents.
3. In 2022, the USPTO granted 32,465 design patents, showing the growing importance of this form of protection.
4. Design patents can cover both physical objects and graphical user interfaces (GUIs) which includes graphical icons, animations, and visual indicators.
5. The “broken line” technique in design patent drawings allows inventors to protect specific parts of a design while leaving other parts open for variation.

The Power of Design Patents

Design patents offer several key benefits:

1. They protect the visual appearance of a product for 15 years from the date of grant.
2. Design patents are generally less expensive and faster to obtain than utility patents.
3. They can be a powerful tool in preventing knockoffs and counterfeit products.

Interestingly, design patents have been around since 1842, when they were first introduced in the United States. Since then, they’ve become an integral part of many companies’ intellectual property strategies.

The Design Patent Process: A Unique Journey

The basic requirements of all patents apply to design patents. To be patentable, a design must be new and non-obvious. To determine whether a design is new, the USPTO will search existing design patents, current design patent applications and literature pertaining to the article of manufacture and type of design that might reveal that the design to be patented is not new. The body of information pertaining to a given design is called the “prior art.” If an examination of the prior art reveals that the design has been patented previously, described in the literature or used for a certain amount of time before a design patent was applied for, the design will be ineligible for a patent. To be patentable, designs must also be original, which means that a design found in nature, such as the shape of a leaf or the feature of an animal, may not be patented.

Obtaining a design patent involves a series of steps that differ from the utility patent process:

1. Conceptualization: This stage involves finalizing the ornamental design of your product.
2. Prior Art Search: Before filing, it’s crucial to conduct a thorough search to ensure your design is novel.
3. Application Preparation: This is where the expertise of a patent attorney and a skilled patent draftsman becomes invaluable.
4. Filing: The application is submitted to the United States Patent and Trademark Office (USPTO).
5. Examination: A USPTO examiner reviews the application for novelty and non-obviousness.
6. Office Actions and Responses: If issues arise, you may need to respond to office actions.
7. Allowance and Issuance: If approved, your design patent is granted and published.

One unique aspect of the design patent process is its relatively quick turnaround time.

The Critical Role of Patent Drawings

When it comes to design patents, the old adage “a picture is worth a thousand words” couldn’t be more accurate. The drawings in a design patent application are not just important – they’re absolutely critical. Here’s why:

1. Defining the Scope: The drawings literally define what is being claimed in a design patent.
2. Clarity: Clear, precise drawings help examiners understand the design and can speed up the examination process.
3. Enforceability: In potential infringement cases, the drawings are what courts will use to determine if a product violates your design patent.

This is why working with our skilled patent draftsman is crucial for proper design patent protection. A professional draftsman understands the specific requirements for design patent drawings, including:

• The need for solid and broken lines to distinguish claimed and unclaimed features
• Proper shading techniques to show contours and surface characteristics
• The requirement for multiple views (front, back, top, bottom, and perspective)

Investing in high-quality drawings can significantly increase your chances of obtaining a strong, enforceable design patent.

Why Choose Our Firm for Your Design Patent Needs

As experience design patent attorneys, we understand the nuances of design patent law and the importance of strong visual representation of your invention in your design patent application. Our experienced patent attorneys work closely with skilled our patent draftsmen to ensure your design patent application is as strong as possible. With our experience, you can help you safeguard your product’s unique appearance and maintain a competitive edge in the market. Remember, in the world of design patents, the devil is in the details. Don’t leave your innovative designs vulnerable – contact our design patent attorneys to secure robust design patent protection today.