Join Dana Robinson for an in-depth discussion in this video Design patents, part of Understanding Patents: A Deeper Dive.
- In order to obtain a design patent,…the subject must be novel, just like a utility patent.…There must not be any prior identical design.…This also means that you must file within one year…of your own publication of the design.…Also, just like utility patents,…design patents must be non-obvious.…A design patent must not be obvious in light of prior art,…however, unlike a utility patent,…a design patent must not be utilitarian.…You are only obtaining protection…of the ornamental elements of the product,…and not of the functional elements.…
Further, design patents cannot be obtained…for ornamental features that are not visible…when the product is in use.…The goal is to protect the aesthetic design of a thing,…not the functions, unless the design must have…non-functional aspects.…Many machines do not have non-functional aspects.…For many machines, everything about it is functional,…but in today's design-oriented world,…designers have influence over many things…and often choose certain aesthetics…in order to make their devices distinctive,…
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- Recall the timeframe that applies to application for a utility patent.
- Identify the type of patent that would be best for a product where design is more important than function.
- Define the meaning of patent prosecution.
- Recall the basics of patent infringement.
- Recognize legally accurate scenarios regarding patent rights and benefits.