What is a design patent?
A design patent is a type of intellectual property law that grants ownership of a unique appearance or design for a product. In Washington state, a design patent prevents individuals or businesses from copying an invention’s original look, giving the inventor exclusive rights over their work. The U.S. Patent and Trademark Office (USPTO) grants a design patent to an individual or business in Washington who creates a new and distinctive shape, ornamentation, or configuration. This includes the overall design of any product, from a piece of furniture to a logo. Design patents give the creator the legal right to stop anyone else from making, using or selling a product that looks the same or substantially similar. Design patents generally last for 14 years. Unlike utility patents, which cover how an invention works, design patents only cover the look of an invention. To obtain a design patent in Washington, an inventor must submit a design patent application to the USPTO, including drawings and photographs of the invention. The application will then be reviewed and, if approved, a patent will be issued. Depending on the complexities of the invention, the process can take anywhere from 1-3 years. Design patents are an important tool for inventors in Washington to protect their inventions and guarantee that they get the credit and compensation they’re due for their work.
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