What are the requirements for a design patent?

A design patent in North Dakota can be secured by an inventor for an original, ornamental design of an invention. To be eligible for a design patent, the design must be new and nonobvious, meaning that it cannot be the same as any prior designs. Additionally, a design patent will only protect how something looks and not what it does. The design must meet certain criteria to be eligible for a patent. The design must be visible on the invention itself, and it must be distinct from any prior designs. It must have aesthetic appeal and must be novel, meaning that the design must not have been used the same way in any prior invention. Furthermore, the design must serve a purpose. Additionally, the design must be documented with drawings and other illustrations that fully outline the invention. These drawings must be detailed and accurate, as they will be used in the application for the patent. To submit an application for a design patent, the inventor will need to include a description of the design, a written specification, the drawings that illustrate the design, a filing fee, an oath or declaration, and a certificate of correction as needed. Once the application is submitted, the United States Patent and Trademark Office (USPTO) will conduct a thorough review. If the application is approved, the inventor will be awarded the patent and can enjoy the benefits of protection for up to 14 years.

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