PATENT

A patent is a legal right granted by a government to an inventor, giving them exclusive control over their invention for a specific period, typically 20 years. In exchange, the inventor must publicly disclose how the invention works. This prevents others from making, using, selling, or distributing the invention without permission during the patent’s term. Patents are granted for new, useful, and non-obvious inventions, such as products, processes, or technologies.

Design Patent Requirements

A design patent protects the unique look or appearance of an item, rather than how it works. It covers the aesthetic design of things like the shape, surface decoration, or overall style of a product. For example, a design patent could protect the shape of a new phone, a special pattern on fabric, or the look of a car’s exterior. It prevents others from copying the visual design, but not the functionality, of the product.

Utility PATENTS

Is a type of patent that protects new inventions or discoveries that have a specific function or purpose. It can cover things like new machines, processes, chemical compositions, or improvements to existing products. Essentially, if you create something that works in a new and useful way, you can get a utility patent to stop others from making, using, or selling your invention without your permission. It’s the most common type of patent.

What is an Ornamental Design for an Article of Manufacture?

An ornamental design for an article of manufacture refers to the decorative, non-functional appearance or shape of a product that is new, original, and distinct. It applies to the visual features, such as the patterns, shapes, colors, or surface textures that make the product look unique.

This type of design is typically protected by a design patent. For example, the specific look of a jewelry piece, the shape of a chair, or the pattern on a decorative lamp could be considered ornamental designs for articles of manufacture. The key is that the design is purely for aesthetic appeal, not for the way the item works.

A person will be eligible for a patent unless

  • The invention has been previously patented, disclosed in a printed publication, publicly used, sold, or otherwise made available to the public before the effective filing date of the claimed invention; or
  • The invention is described in a patent granted under section 151, or in a patent application published or deemed published under section 122(b), where the patent or application names a different inventor and was filed before the effective filing date of the claimed invention.

For design patent protection, the following things are not required:

  1. Functionality: The design does not need to serve a particular function or purpose, only that it is ornamental (visually appealing).
  2. Novelty in Utility: The design doesn’t need to be useful or practical, just new and original in its appearance.
  3. Working Prototype: You don’t need to have a working model or prototype of the design to apply for a design patent, just detailed drawings or representations of the design.
  4. Non-Obviousness in Functionality: The design doesn’t need to be “non-obvious” in terms of how it works; only the design itself must be non-obvious to someone skilled in the field.
  5. Use in Commerce: A design patent can be granted even if the design hasn’t been used in commerce or sold before applying, as long as it’s new and original.
  6. Technical Details: The technical or functional features of the item do not need to be described or considered in a design patent application—only the appearance matters.

DRAWINGS

Include a drawing from all the sides of the object. IMPORTANT! Consistency between views!!

  • USPTO will issue rejections if the drawings are unclear as to the scope of the design, or if features are not clearly shown

PROTECTION LENGTH

Source: USPTO

US Examination Timeline

  • Average time to first action is 16.2 months (as of Nov. 2023)
  • By comparison, 20.5 months for utility patents
  • Examination can be expedited by filing a request with USPTO and payment of additional fee
  • Average time to first action: 1.3 months (as of Nov. 2023)
  • Design allowance rate: 81.5%