What are the requirements for a design patent?

Design patents are a type of patent awarded by the United States Patent and Trademark Office (USPTO) and are primarily used to protect the appearance of a product or object. In California, the requirements for a design patent are similar to the requirements of any patent: applicants must be able to physically create the invention and must also be able to describe the invention in writing in a patent application. When applying for a design patent in California, applicants must describe the design of the product or object in “words, figures, and/or drawings.” Drawings are required in order to accurately depict the design, so applicants will need to include detailed sketches or photographs of their invention. These drawings should show the product or object from the perspective of the user and from all sides. To be eligible for a design patent, the applicant must also prove that it is a unique, new design that has never been used before. The focus of the design patent is on how the invention looks, so applicants must be able to provide evidence that it looks different from existing products. Lastly, design patents must be non-obvious. This means that the design must be significantly unique from existing designs and not just an obvious or slight variation of an existing product. To prove non-obviousness, applicants must sometimes submit evidence of prior art or research, to show that their design is a new and original idea.

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