Design

Overview

Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a design patent.

A design consists of the visual ornamental characteristics embodied in or applied to an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design patent protects only the appearance of the article and not structural or utilitarian features.

The United States Patent and Trademark Office (USPTO) examines applications and grants patents when applicants are entitled to them.

Registration

In design patent applications, ornamentally, novelty, nonobviousness and definiteness are necessary prerequisites to the grant of a patent. The inventive novelty or unobviousness resides in the ornamental shape or configuration of the article in which the design is embodied or the surface ornamentation which is applied to or embodied in the design. Clearly, a design that simulates a well-known or naturally occurring object or person does not meet the criteria of patentability.

The elements of a design patent application should include the following:

1. Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
2. Cross-reference to related applications (unless included in the application data sheet);
3. Statement regarding federally sponsored research or development;
4. Description of the figure(s) of the drawing;
5. Feature description;
6. A single claim;
7. Drawings or photographs;
8. Executed oath or declaration.

In addition, the filing fee, search fee, and examination fee are also required.

If the USPTO examination concludes that the design meets all the conditions of patentability, a design patent can be obtained.

Validity

The term of a design patent is 15 years, measured from the date of grant. Unlike utility patents, design patents do not require maintenance fees.

Rights of the patent holder

An object with a design that is substantially similar in appearance to the design claimed in a design patent cannot be made, used, sold or imported into the United States without the permission of the patent holder. The object does not have to be exact for the patent to be infringed; It only has to be substantially similar in overall appearance.

This implies that during the term of the patent, the patent holder is entitled to bring a lawsuit against any entity that infringes on that patent or grant permission for others to use design patent.