• What qualifies for a design patent?
  

  What qualifies for a design patent?

  The unique ornamental design of a useful item may qualify for design patent protection. Generally, a design must satisfy the following to be patentable:

  1. It is "part" of the article. That is, the design is intertwined and inseparable from the item. For example, the label design on a bottle would not qualify, but the bottle itself could, if uniquely shaped, and as long as that shape does not affect the bottle's function.
  2. It is purely ornamental. The design cannot be responsible for the article's function, including new or improved use. A good test is to ask, "Would the article work the same way if the design were removed or changed?" If the answer is that removing the design would not alter the function, then you are in the realm of the design patent. If the item would work differently (or not at all) with the design element removed, the design will not qualify for design patent protection (but may qualify for a utility patent).

  To return to the bottle example above, if the new shape enables spill-proof pouring, this would be a functional change pointing toward a utility patent.

  The law also requires a patentable design to be "original" (cannot simulate a well-known or naturally occurring object or person, and cannot be obvious in light of pre-existing designs) as well as not offensive to any race, religion, sex, ethnic group or nationality.

  
• What is the difference between a design patent and a utility patent?
  

  What is the difference between a design patent and a utility patent?

  Put simply, a design patent protects an article's design--its unique external appearance--while a utility patent protects the article's function. Utility patents also cover certain subject matter as to which a design patent would not apply (like processes and chemical compounds).

  In some cases, an invention may qualify for both design and utility patent protection. Since each is a distinct form of protection, the inventor would need to apply for both types separately.

  
• How long does a design patent last?
  

  How long does a design patent last?

  The term of a design patent is 14 years, measured from the date the patent is granted. This is in contrast to a utility patent term, which typically lasts 20 years and is measured from the application priority filing date. Design patents are not renewable and require no maintenance fees.

  
• How long will it take to prepare my design patent application?
  

  How long will it take to prepare my design patent application?

  It is important that you plan ahead when completing your design patent application. Allow at least 2-3 weeks complete the patent process, as it will take some time to prepare your technical drawings and application.

  

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