What is a design patent?

A design patent is a type of patent issued by the United States Patent and Trademark Office (USPTO). It grants exclusive rights to the inventor for a particular design or other ornamental characteristics of a product. This patent is valid for fourteen years in Minnesota and other states, but the USPTO does not issue a design patent in Minnesota. Design patents are used to protect ornamental features and the appearance of an article, such as a unique shape, ornament, or graphic elements that are used to identify the product. Design patents protect the appearance of a product, not its functional features. This means that someone can invent a product with the same or similar functional features, but if they make changes to the design of the product, they are still infringing on the patented design. Design patents are granted after the design has been submitted to the USPTO and reviewed by an examiner. The examiner will consider if the design is new, useful, and non-obvious. In addition, the design must be the product of the inventor and not a duplicate of someone else’s work. Once the USPTO grants the patent, the inventor will have exclusive rights over the design in Minnesota and other states for fourteen years.

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