What is design protection?

Design protection is a type of intellectual property law that pertains to the protection of the visual attributes of a product. This includes the shape, pattern, and color of a product. In Rhode Island, design protection is regulated by the Design Patent Act and trademark law. Design patents protect the design of a product from being duplicated, sold, imported, or manufactured without permission. They are not as strong as utility patents, which protect the functionality or structural features of a product. Design patents can however provide greater protection for the aesthetic features of a product. Trademark law also protects the appearance of a product. It does so by protecting the mark or logo associated with a product. Trademark law is usually used to protect the name, logo, or other distinguishing feature that makes a product recognizable. As a whole, these two legal forms of design protection protect the visual elements of a product, and gives the owner of a product the exclusive right to use, manufacture, and sell the product bearing the protected design. The law also prohibits the copying of protected designs for commercial purposes. This provides a certain level of economic security to the creator or owner of a product in Rhode Island.

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