What is a design patent?

A design patent is a type of patent granted by the United States Patent and Trademark Office (USPTO) that protects the ornamental design of an object. Specifically, it grants the creator exclusive rights to the non-functional design of a product for a period of up to fourteen years. This means that anyone who copies the design of the product, or a portion of it, can be sued by the original creator for copyright infringement. In California, a person who wishes to obtain a design patent must make sure the product they wish to patent meets the USPTO’s criteria for patent-worthiness. This includes criteria such as novelty, non-obviousness, and utility. If the product meets these criteria, the person must then file an application with the USPTO and pay the appropriate filing fee. After the application has been submitted, the USPTO will review the application to ensure that it meets the criteria for patent-worthiness. Once approved, the owner of the design patent will be granted exclusive rights to the ornamental design for a period of up to fourteen years. Design patents are an important tool for protecting the rights of inventors in California. By granting exclusive rights to the ornamental design of an object, they provide the creator with the legal protection they need to make sure that others cannot copy their designs and profit from them. As such, design patents are an essential part of the USPTO’s legal framework and should not be overlooked when considering patent law in California.

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What is a design patent?

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