What is a design patent?

A design patent is a form of intellectual property law in California that protects the physical appearance or design of an invention. Design patents protect the shape and design of an object, not the function or purpose of the invention. For example, a design patent may protect the appearance of a chair, but not how the chair operates. Design patents are available for any new, original, and ornamental design for an object. To be eligible for a design patent in California, the design must not have been known or used by anyone before. Additionally, the design must be non-functional, meaning it does not affect the function of the object – it is purely ornamental or aesthetic. Design patents have a term of 14 years from the date that the patent is granted. The 14 year period begins the day the design patent is issued by the United States Patent and Trademark Office. During this 14-year term, the design patent holder has the exclusive right to make, use, or sell the design in the state of California. Design patents can be useful to inventors and entrepreneurs because they provide protection to unique designs that are used in products. People who own design patents benefit from the exclusive right to make money off of the product.

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What is a design patent?

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