What is a design patent?

A design patent is a type of patent which is granted for protecting the visual design of an object, such as the appearance of a product or the ornamental design of a new invention. In the United States, the United States Patent and Trademark Office (USPTO) is the federal agency responsible for issuing design patents. In North Carolina, the USPTO is responsible for the examination of design patents and issuing the correct type of patent. A design patent protects the appearances of a product and does not protect the functionality of the product. To receive a design patent, an inventor must be able to demonstrate that their design is novel, non-obvious, and ornamental. The design patent should provide a detailed description of the shape, ornament, color, or combination thereof that makes up the invention. In North Carolina, the USPTO will examine the design patent application to determine if the invention meets all the criteria for granting a design patent. If the USPTO approves the application, the patent will be issued. This patent gives the owner the exclusive right to make, use, or sell the invention for a specific amount of time. Overall, a design patent is a type of patent used to protect the visual design of an object. It does not protect the functionality of the product, but can protect the ornament, shape, or combination thereof. In North Carolina, the USPTO is the responsible agency for issuing design patents.

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