What is a design patent?

A design patent is a type of intellectual property law in South Carolina that protects the visual features of an invention. This type of patent does not protect an idea, concept, or functional aspects of the invention. Instead, it identifies the ‘look’ of an invention and is usually associated with trademarks and ornamental design. Design patents can be granted for any new, nonfunctional and original shape or design. The design must be distinguishable from prior art and not obvious to others who are familiar with the current trends in design. A design patent can also cover the ornamental aspects of a utility patent as long as the feature is not primarily functional. In order to obtain a design patent, the inventor must apply to the United States Patent and Trademark Office (USPTO). The application must include a full written description of the features of the invention and a drawing or photographs illustrating the design. The design patent awarded by the USPTO will protect the invention for 14 years from the date of issuance. During this time period, the patent holder will have exclusive rights to make, use, sell, or import the invention into the United States. Overall, a design patent is a form of intellectual property law that legally protects the unique visual features of an invention. It is important to know the specific requirements for obtaining a design patent in order to properly protect one’s invention.

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