What is a design patent?

A design patent is a type of patent that protects how something looks, or its “appearance,” rather than its function. In Nevada, design patents are granted for the appearance of an object, including its shape, configuration, ornamentation, or a combination of these features. The rights that are granted to a patent-holder with a design patent are limited because it only prevents another person from making, using, or selling a product that has the same design. The application process for a design patent is similar to that for a utility patent, but there is an added requirement that a design patent application include drawings, photographs, or other graphical representations of the object’s appearance. A design patent application must also include a written description of the design and an example of the design as it has been made or used. The patent-holder is granted exclusive rights for a specified time once the design patent is granted, which is usually 14 years from the date the patent is granted. The patent-holder may prevent anyone else from making, using, or selling the product during that time. In Nevada, the design patent holder also has the right to collect damages from any person or business that infringes upon the patent by using or selling the same design.

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What is a design patent?

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