What is a design patent?

A design patent is a type of intellectual property protection that covers a new, original, and ornamental design for a manufactured product. In North Dakota, a design patent gives the inventor of a product the exclusive right to make, use, or sell that product in the state for up to 14 years. To qualify for a design patent, the invention must be a physical product (such as a chair or toaster) with a visual, tangible, and ornamental design; agreements, processes, or methods are not eligible for design patents. Furthermore, to be given a patent, the design must be something that has not been seen before. If another design has already been patented or made public, then that design cannot be patented again. Once the patent is granted, anyone who manufactures, uses, or sells the patented product without the owner’s permission may be guilty of patent infringement, which is a federal offense. In North Dakota, legal action must be taken within the 14-year time frame, otherwise, the patent is considered expired and anyone can use the design without consequences. Overall, a design patent is a type of protection typically given to inventors of physical products with visually unique designs. It grants the inventor with exclusive rights to manufacture, use, or sell the product for up to 14 years and legal action must be sought within that time frame to enforce the patent.

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