Design patent

Error creating thumbnail:

</ref>|thumb|right]] Design patent

A design patent is a form of intellectual property protection granted to the ornamental design of a functional item. Unlike a utility patent, which protects the way an article is used and works, a design patent protects the way an article looks. The design patent is intended to protect the visual characteristics embodied in or applied to an article of manufacture.

History

The concept of design patents originated in the early 19th century. The first design patent was issued in the United States in 1842. Since then, design patents have become an essential tool for protecting the aesthetic aspects of products.

Requirements

To qualify for a design patent, the design must be:

• Novel: The design must be new and not previously disclosed to the public.
• Non-obvious: The design must not be an obvious improvement or modification of an existing design.
• Ornamental: The design must be purely decorative and not functional.

Application Process

The application process for a design patent involves several steps: 1. Preparation: The applicant must prepare drawings or photographs that clearly depict the design. 2. Filing: The application is filed with the United States Patent and Trademark Office (USPTO) or the relevant patent office in other countries. 3. Examination: The patent office examines the application to ensure it meets all legal requirements. 4. Grant: If the application is approved, the design patent is granted, providing protection for a period of 15 years from the date of grant in the United States.

International Protection

Design patents can also be protected internationally through treaties such as the Hague Agreement Concerning the International Deposit of Industrial Designs. This allows applicants to seek protection in multiple countries with a single application.

Infringement and Enforcement

Infringement of a design patent occurs when an unauthorized party makes, uses, sells, or imports a product that embodies the patented design. Patent holders can enforce their rights through litigation in federal courts. Remedies for infringement may include injunctions, damages, and attorney's fees.

Comparison with Other Forms of Protection

Design patents are often compared with other forms of intellectual property protection, such as:

• Utility patent: Protects the functional aspects of an invention.
• Trademark: Protects brand names, logos, and other identifiers of source.
• Copyright: Protects original works of authorship, such as literature and art.

Notable Cases

Several notable cases have shaped the landscape of design patent law, including:

• Apple Inc. v. Samsung Electronics Co.: A landmark case involving the infringement of design patents related to smartphone designs.

See Also

• Patent
• Industrial design rights
• Intellectual property law
• Patent infringement