Design Patents in a Nutshell

Design patents protect the ornamental design of a functional item. While there is certainly some overlap in the types of protection one can use to protect such ornamentation, design patent protection can cover an array of subject matter, including jewelry, containers, computer icons, packaging, electronics, fonts, and the list goes on...

To qualify for design patent protection, the design must be new, original, and ornamental. In turn, that protection prevents any third party from making, using, or importing into the United States a product with a design that is substantially similar to the design claimed in a design patent.

There's more to it, but the first step is to identify the issues and determine if design patent protection is a viable option.

There's more to it, but the first step is to identify the issues and determine if design patent protection is a viable option. It's a great option to keep in mind.

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