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Design Patent

Design Patent

What Is a Design Patent?

A design patent is a form of legal protection of the unique visual characteristics of a manufactured thing. A design patent might be granted on the off chance that the product has a distinct setup, distinct surface ornamentation or both. All in all, a design patent gives protection to the decorative design of something that has a practical utility.

In the United States, that means a thing that is substantially like something that has the protection of a design patent may not be made, duplicated, utilized or brought into the country. In different countries, a registered design might act as an alternative to a design patent. In certain European countries, patent protection for designs might be gotten for a fee and by meeting fundamental registration requirements.

A design patent is substantial for quite a long time (whenever filed before May 13, 2015) in the wake of being granted and isn't sustainable; on the off chance that it was filed on or after May 13, 2015, the design patent has a 15-year term from the date of grant.

How a Design Patent Works

A thing or item that is protected by a design patent conveys broad protection from copyright infringement. A design that was not expected to be a copy and which was contrived freely from an existing, design patent-protected thing might in any case encroach upon that design patent.

In certain countries, like the U.S., Canada, China, Japan, and South Africa, applications for design patents are kept secret until they are granted. In Japan, secrecy can be extended to three years after registration is granted. The primary U.S. design patent was granted in 1842 for printing typefaces and border (text styles).

Design Patent versus Utility Patent

A design patent ought not be mistaken for a utility patent, which shields a thing's unique approach to operating or usefulness. A design patent safeguards how an item looks. A single product might have both a design patent and a utility patent simultaneously. One of the key differences between the two patents is their life expectancy.

While a design patent might last 14 or 15 years, contingent upon its filing. A utility patent lasts for quite a long time and requires periodic maintenance fees. A design patent doesn't need maintenance fees.

Design Patent Examples

A few instances of design patents remember fancy designs for jewelry, vehicles or furniture, as well as bundling, text styles and PC symbols (like emoticons). Some renowned design patent items incorporate the original awe-inspiring Coca-Cola bottle (1915) and the Statue of Liberty (1879).

At the point when an organization's product design has substantial cachet, a design patent hardens its competitive advantage by punishing different firms that try to foster comparable looking things. For instance, Apple has been granted damages purportedly totaling more than $900 million from Samsung, which abused its iPhone design patents.

Features

  • Filing for a design patent costs not as much as filing for a utility patent.
  • A design patent application may just incorporate a single claim, as indicated by the United States Trademark and Patent Office.
  • Without filing a patent on your design, you might run the risk of a copycat design being utilized by contenders.
  • The total cost to file for and get a design patent can run somewhere in the range of $1,000 to $3,000 altogether, contingent upon the situation and the complexity of the design patent.