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Design Patents: What Are They?

  • May 10 2019

You just thought of a product that is unique in design from its competitors, standing out from the crowd. What should you do? How can you protect it? You may just be able to obtain a design patent.

A design patent protects the ornamental design of a product – not actually how it operates. The good news is you can you get a design patent that has 15 years of patent protection.

How is a Design Patent Different from a Utility Patent?

The design patent can only cover the actual design of a product, not the function; a utility patent protects the function of the product, not the design.

How Can You Obtain a Design Patent?

To apply for a design patent, it typically must have at least seven figures, illustrating the design features in a front, back, right, left, top, bottom, and 3-D view.  Photos of the product are not allowed; mechanical drawings must be submitted.

Once applied for, a design patent generally takes anywhere from 12 to 18 months to be allowed. Once approved, the design patent will be issued and mailed to you.

Scully, Scott, Murphy & Presser Can Help

If you are looking to file for a design patent, utility patent, or both, it is extremely important that you understand how best to protect your ideas. Making mistakes can prevent or delay the patent from being allowed. That is why you should find a knowledgeable and experienced patent attorney to help you. To learn more or to schedule a consultation, you can visit us online, or call us at 516-742-4343 today!

Posted in: Patents