All You Need To Know About Design Patents

When inventors are considering patenting an invention, they are typically looking for the protection of a utility patent. Naturally, a utility patent is far more desirable to have for an inventor than a design patent or industrial design since a utility patent offers far greater protection to the inventions’ functionality, when compared to a design patent. What this also establishes, is that a design patent is far underutilized, when compared to a utility patent. Let's discuss design patents and industrial designs.

What is a Design Patent?

You might be familiar with the general concept of a patent. A patent is a formal legal protection bestowed upon your invention for its unique functionality. The patent allows you to utilize your invention by any means you deem appropriate. However, in certain instances, your invention is not granted a (utility) patent because it is not unique in its functionality; it is only unique in appearance. After you establish that your invention is visually or ornamentally unique or exclusive, you may be eligible for a design patent or industrial design. To summarize: a design patent or industrial design is a formal legal protection bestowed upon your invention, an article of manufacture, for its unique visual elements such as its shape, its size, or the surface characteristics of your invention or the article in question.

What is the Utility of a Design Patent?

Should you get a design patent? Only you can answer that question. In a bid to add legal protection to your unique design to prevent knock-offs from entering the market based on your original design, you need a design patent. After the passage of time, a design patent allows you to base an identity around your design since your design cannot be imitated by outsiders. This is especially true for fashion designers who could incur tremendous losses without protecting the uniqueness of their aesthetic designs. Furthermore, patent lawyers and agents may recommend a design patent to inventors alongside a utility patent for all-round strategic protection of your invention.

What Important Considerations Should I Make?

Here’s a brief list of important points you must know about design patents and industrial designs:

• Do enough research about existing designs. A patent lawyer or agent can help you with the search
• The article in question must be drawn with great detail and accuracy to be awarded a design patent
• An inventor can apply for a design patent simultaneously with an utility patent
• A design patent is often less expensive and easier to acquire when compared to an utility patent
• The patent application process is complicated and the services of a patent lawyer or agent is recommended

A design patent or industrial design could be exactly what you need when you intend to legally protect the aesthetic qualities of your invention. The legal framework surrounding patent registration is complicated for those with limited exposure, and it’s preferred that you contact a patent lawyer or agent for guidance.