What are the requirements for a design patent?

A design patent is a type of patent that protects the ornamental design of a functional item. Design patents protect the look of a product rather than the structure of the product. In Mississippi, the requirements for a design patent are set out in the US Code. In order to obtain a design patent, an inventor must first file an application to the United States Patent and Trademark Office (USPTO). The application must include a drawing of the claimed design, a description of the design, and an oath or declaration signed by the inventor. The drawing must show the design in a manner that is precise and clear enough for a person skilled in the art to be able to make and use the invention. The application must also propose a patent claim. A patent claim is an assertion that the design is unique and that it contains novel features that make it different from designs that have been made before. The claim must also be specific enough to cover the features of the design that are both ornamental and functional. After the USPTO determines that the application meets all the legal and technical requirements, the patent office will grant the design patent and issue a patent number. The patent will remain in effect for fourteen years and grants the holder the exclusive right to produce, use, or sell the invention.

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