What is a design patent?

A design patent is a type of intellectual property that protects the ornamental design of an object. It covers the appearance of a product, including any features that make it visually unique or aesthetically appealing. This type of patent is granted by the United States Patent and Trademark Office (USPTO) and is valid for 14 years. In Utah, the state’s Department of Commerce is responsible for registering and granting patents. To qualify for a design patent, the product must be distinctive and nonobvious—it can’t be simply an incremental improvement on an existing product, and it must be more than a tweak or minor alteration. Additionally, the design patent must be novel, meaning it hasn’t been previously patented or published. Utah’s system for protecting intellectual property is in line with federal standards. When an application for a design patent is approved, the product is granted full patent protection, which includes exclusive rights to manufacture, use, and sell the product for a period of 14 years. After that time, the design patent expires and anyone can create a similar product. It’s important to note, however, that the same creative work can’t be patented more than once.

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