Design Patent By Jane Wyvern At Isnare.com Ezine Articles

The definition of a design can be as follows: the characteristics, ornamental or visual, manifested in a manufactured item. The design of the surface visual aspects cannot be separated from the item it has been applied to. It cannot exist by itself. It has to be a specific pattern of ornamentation on the surface of some sort of manufactured thing. The United States Patent and Trademark Office, commonly shortened to USPTO, or simply, Patent Office, looks at applications for patents and grants them depending on entitlement, Patent law allows any person to receive a design patent for an original design for a manufactured item. This type of patent is meant to protect the article’s appearance only—not its utilitarian or structural features.

The Various Kinds of Designs and Modified Forms

Ornamental design can include an entire item or only a portion of one. It can also be the particular ornamentation of an article. It’s possible to make only a single claim on a design patent. Distinct and independent designs have to be submitted in separate application for design patents. They cannot both be supported by the same claim. Designs are seen as independent if no relationship can be discerned between at least two articles. The distinctiveness of designs is defined by appearance and shape—that is, it is possible for two items to be related things. At the same time, it is possible to file an application for modified forms of the same design at the same time.

Design Patents and Utility Patents: The Difference
A design patent is intended to protect the appearance of an item, while utility patents are supposed to protect the way in which an item is used. Both design and utility patents can be obtained for an item if there is a combination of inventions involved—both utile and ornamental. It becomes complicated, however, because it is not always so easy to separate the two. Many manufactured items have ornamental and functional characteristics.

The Design Patent Application
A typical design patent application would include the following things:

(1) A preamble, mentioning the applicant’s name, a title for the particular design, and also a short description of the item and what it is supposed to be used for;
(2) Unless included on the application sheet, it should be cross-referenced with any related applications;
(3) If research and development that has been federally sponsored, this should be stated;
(4) An explanation of the drawing’s figures;
(5) Description of features;
(6) One claim;
(7) Photographs or drawings;
(8) An executed declaration or oath.

There are also fees required. These include an examination fee, a search fee, and a filing fee. If the applicant for a design patent happens to be a small entity, such as a small business owner, an independent investor, or a not-for-profit organization, then fees will be reduced by 50 percent.

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