 |
 |
Over 500,000
satisfied customers |
|
World-class customer
service |
|
100% Satisfaction
Guaranteed | |
|
Design Patents
A design patent is an intellectual property right which allows an inventor to protect the original shape or surface ornamentation of a manufactured article. This applies to any unique form or otherwise perceivable design features of an object – for instance, a chair, table, hand tool, clock, bottle or purse. It can even provide protection for a graphic icon (the design) on a computer screen (the manufactured article).
Whether an invention falls under the scope of a design patent can be a tricky question. There are two basic criteria for eligibility:
- The design must be industrial. Thus, a painting or sculpture is not eligible for design patent protection.
- The design must be separable from the function of the article. That is, if the design specifically affects the way the article works or is improved to work, it would not be separable from function and would not be eligible for design patent protection (though it may be eligible for a utility patent).
Like any other patents, a design patent is a right to exclude. That is, it gives the owner the right to exclude others from making, using, selling, offering to sell or importing the particular design of an article without permission. And design patent rights can be enforced in federal courts.
|
|
|
LegalZoom Newsletter
Sign up for our free monthly newsletter and receive periodic special offers.
|
|
Choose Another Document
|
|
|
|