What are the requirements for a design patent?

In order to obtain a design patent in North Carolina, an inventor must be able to prove that their invention is novel, and that it is non-obvious. The invention must also be something that is able to be reproduced and used for an intended purpose. A design patent protects the ornamental design of the invention. It does not protect the functionality of the invention, only the aesthetics. In order to apply for a design patent, you must be able to provide the Patent and Trademark Office with drawings or photographs of the invention, along with a written description of the invention. The description must include enough detail to clearly show what the invention looks like. The drawings should be precise and must clearly show the inventive design. Additionally, you must submit a description of the prior art. This is evidence proving that the invention is truly novel, and that it is not a copy of a similar invention or an obvious variation of a previously existing invention. This must be an exhaustive list of all relevant prior art citations. Finally, a formal claim must be included, stating the details of the design that are being claimed. This claim will define the scope of the patent. Once the application is filed, the Office of Patents and Trademarks will review the application and decide if a patent should be issued. If so, a design patent will be issued, protecting the invention for up to 15 years.

Related FAQs

What is infringement?
Is it possible to patent a website?
What is a Statement of Use?
How do I protect an invention from being copied?
What is the difference between a patent and a non-patent literature search?
How do I find a patent attorney?
How can I transfer my patent rights?
What is the difference between a patent application and a provisional patent application?
What is the Patent Cooperation Treaty (PCT) system?
How do I file a patent application in the US?

What are the requirements for a design patent?

Related FAQs

Related Blog Posts