Design Patent

A US design patent protects the ornamental design of an object having practical utility. An object with a design that is substantially similar to the design claimed in a design patent cannot be made, used, copied or imported into the United States. The copying does not have to be exact in order for the patent to be infringed. It only has to be substantially similar.

Similar protection of registered design can be obtained in other countries. In Japan, South Korea and Hungary, industrial designs are registered after performing an official novelty search. In Europe, one needs to only pay an official fee and meet other the formal requirements for registration.

In the United States, a design patent is a patent granted on the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of what can be protected with design patents.

Both novel fonts and computer icons can be protected by design patents. The fonts and icons are only protected, however, when they are displayed on a computer screen, thus making them part of an article of manufacture with practical utility. For the member states of WIPO, protection is afforded by registration at WIPO and examination by the designated member states in accordance with the Geneva Act of the Hague Agreement.

A typical United States Design patent application will include a transmittal, a specification, drawings and a declaration.