Design Patent Application

Design Patent Application

A design patent is a type of intellectual property protection that enables an inventor to protect the original shape or surface decoration of a useful manufactured object. This type of protection is granted to an inventor by the United States Patent and Trademark Office. This is true for any one-of-a-kind shape or otherwise discernible design aspects of an object, such as a chair, table, hand tool, clock, bottle, pocketbook, etc…

The question of whether or not a particular innovation comes within the purview of a design patent might be a difficult one to answer. There are two primary requirements to meet in order to qualify:

  • The design needs to have an industrial aesthetic. Since a work of art such as a painting or sculpture cannot be disassociated from the thing it was created to decorate, it cannot be protected by a design patent.
  • The function of the item should not be allowed to dictate the design of the product. To put it another way, if the appearance of the item has a direct impact on its functionality, then the appearance cannot be considered distinct from the function of the item and hence cannot be protected by a design patent (though it may be eligible for a utility patent).

A design patent, much like any other type of patent, is a right to exclude. In other words, it grants the owner the right to prevent other people from creating, using, selling, proposing to sell, or importing items with the specific design without first obtaining permission. In addition, the rights granted by design patents can be upheld in federal courts.

Patent Search & Legal Opinion

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Provisional Patent Application

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Utility Patent Application

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Design Patent Application

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Patent Infringement Litigation

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Our Team

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Tiancheng Yu

Lead Patent Attorney
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Davis Wilson

Co-Founder
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Phillip Butler

Co-Founder
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Sara Smallwood

Lead Trademark Attorney
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Allan Dorman

Copyright Attorney
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Catalina Sage

Associate
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Jamie Kennedy

Associate
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Alyssa Milano

Junior Associate
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Dwayne Lucas

Junior Associate
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