What Is a Design Patent?

A design patent is a type of legal protection for the unique visual qualities of a manufactured item. It may be granted for products with a distinct shape, configuration, or surface decoration. In other words, a design patent provides protection for the ornamental aspect of an item that also serves a prཧactical function.

In the United States, that means an item very similar to one under design patent protection cannot be produced, copied, used, or imported into the country. In other countries, a registered design might serve a similar purpose to a design patent. In some European countries, design patents can be obtained through a fee and meeting basic registration criteria.

How a Design Patent Works

An item or object that is protected by a design patent carries broad protection from 澳洲幸运5官方开奖结果体彩网:copyright infringement. A design that was not intended to be a copy and which was devised independently from an existing, design-patent-protected item may still infring༺e upon that design patent.

In some countries, such as the U.S., Canada, China, Japan, and South Africa, applications for design patents are kept secret until they are granted. In Japan, secrecy can be extended to three years after registration is granted. The first U.S. design patent was awarded in 1842 for printing typefaces and border (fonts).

Design Patent vs. Utility Patent

A design patent should not be confused with a utility patent, which safeguards an item’s unique way of operating or its functionality. A design patent protects how an object looks. A single product may have both a design patent and a utility patent at the same time. One of the key differences bet🔴ween the two patents is their lifespan.

While a design patent may last 14 or 15 years, depending on its filing, a utility patent lasts for 20 years and requires periodic maintenance fees. A🐻 design patent𝓀 does not require maintenance fees.

Design Patent Examples

Somꦛe examples of design patents include ornamental designs on jewelry, automobiles or furniture, as well as packaging, fonts, and computer icons (such as emojis). Some famous design patent objects include the origin💮al curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).

When a company’s product design has substantial cachet, a design patent solidifies its competitive advantage by penalizing other firms that try to develop similar-looking items. For example, Apple has been awarded damages reportedly totaling more than $1 billion from Samsung, which violated its iPhone design patents.

The Bottom Line

Design patents are key for protecting the unique visual features of products, from their shape to 💙surface designs. They aim to prevent similar items from being made or sold and are less costly and complex than utilit๊y patents.

Not patenting a design risks imitation. Unlike utility patents, which last 20 years and protect functionality, design patents last 14 or 15 years and don't require maintenance fees. They're vital for safeguarding a company's unique product designs and competitive advantage, as seen in high-profile cases like Apple's lawsuit against Samsung concerning its iPhone design patents.