In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. A design patent protects only the ornamental appearance of an invention, not its utilitarian features. Owner of a design patent protects their intellectual property rights and can sue against those who infringe their design products.
What is a design?
A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
Single or multiple claims?
Design patent application can have only one claim. The claim defines the design which you want to patent and you can only patent one design at a time.
Foreign priority can be claimed if application is made within six months.
Terms of design patent
Patents for designs shall be granted for the term of fourteen years from the date of grant.
Filing of design patent
We can assist inventors to prepare and filing of design patent application before US patent office. Please contact us for further information.