Define: Design Patent

A design patent is a type of intellectual property protection that grants exclusive rights to the ornamental design of a functional item. It covers the visual appearance of a product rather than its functionality.

A design patent can protect the unique shape, configuration, pattern, or surface ornamentation of an item. It can be applied to a wide range of products, including furniture, clothing, jewelry, and electronic devices.

A design patent lasts for 15 years from the date of grant. However, it is important to note that design patents filed after May 13, 2015, have a term of 15 years from the date of grant, while those filed before have a term of 14 years.

To apply for a design patent, you need to submit a formal application to the United States Patent and Trademark Office (USPTO). The application should include drawings or photographs of the design, a description, and the appropriate filing fees.

Yes, you can file for a design patent internationally through the Hague System for the International Registration of Industrial Designs. This allows you to seek protection in multiple countries by submitting a single application.

A design patent protects the visual appearance of a product, while a utility patent protects the functional aspects or the way an invention works. Design patents focus on aesthetics, while utility patents focus on the invention’s usefulness.

Yes, as the owner of a design patent, you have the right to enforce it against anyone who infringes upon your protected design. This can be done through legal actions, such as filing a lawsuit for patent infringement.

If your design patent application is rejected, you have the option to appeal the decision or make amendments to address the examiner’s concerns. It is advisable to consult with a patent attorney to navigate the appeals process effectively.

Once a design patent is granted, you cannot make substantial changes to the design without risking the loss of patent protection. However, minor modifications that do not alter the overall appearance may be permissible.

Yes, as the owner of a design patent, you have the right to license or sell your patent to others. This allows you to generate revenue by granting others the right to use your protected design in exchange for royalties or a lump-sum payment.