Design Patents can be effective tools for protecting the unique visual appearance of your product.
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Design Patents Are Used To Protect The Visual Appearance Of A Product
Design patents protect the ornamental appearance of products. Unlike utility patents, design patents do not protect the function of the invention; rather they protect the configuration, shape or surface ornamentation of the product. In other, while words utility patents protect how things work, design patents protect how things look. When a product is innovated in appearance and function, that product can be protected by both utility and design patents.
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The Drawings Are The Key
Rather than an involved detailed description of the invention, design patent applications rely exclusively on drawings of the invention’s appearance for the description and claims. As a result, the most important portion of a design patent application is the drawings themselves. The test for determining whether a design patent is infringed is whether the accused product would appear “substantially the same” as the patented design from the point of view of an ordinary observer.
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While Limited In Scope, Design Patents Have Value
Design patent applications are generally considered to be relatively narrow in scope and have a shorter lifespan than utility patents (14 years rather than 20 years). Despite these limitations, design patents are very effective tools for protecting products having innovative appearance, in that they prevent your competitors from copying the appearance of your products. Product appearance can often be as important, or even more important, to your customers as the functionality itself.
If you have a product with an innovative appearance, talk to your patent attorney about protecting your invention and securing your rights.
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