What is a design patent?

A design patent is a type of patent granted by the United States Patent and Trademark Office (USPTO) in Kansas and other states. Design patents protect the appearance of a manufactured item, such as the shape of a piece of furniture. Design patents are different from utility patents, which cover the functional aspects of an invention. The design patent process begins with a formal application and includes drawings or photographs of the item in question as well as descriptive text. Once the application is submitted, it is reviewed by a U.S. Patent Examiner to determine if the design is unique and novel. If the Examiner determines that the design is not new, the application will usually be rejected. If the Examiner approves the design, the inventor will be granted a design patent. Design patents last up to 14 years after issuance, during which time the patent holder has the exclusive right to make, use, sell, and distribute products based on their design. This gives the patent holder the ability to discourage others from copying their design without their permission. Design patents are useful for inventors who have created a product with an innovative design or appearance that they want to protect from potential copycats. Design patents can offer protection for inventions that may not be adequately protected by a utility patent.

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What is a design patent?

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