What are the requirements for a design patent?

Design patents are intellectual property protections awarded by the United States Patent and Trademark Office (USPTO). Design patents in South Carolina provide exclusive rights to the owner of the patent to exclude anyone from making, using, or selling the patented design. To qualify for a design patent in South Carolina, the invention must have an ornamental design that is not functional nor part of a functional item. It must also be novel and non-obvious. Additionally, the design must not have been published or publicly used prior to the filing date of the patent application. The patent application must include a drafting of the design to be patented and a written description, as well as a claim for patentability. The USPTO will also need an example or specimen of the design. If the design is in a physical product, then a photograph should also be sent to the USPTO. If granted, a design patent will provide protection for up to fifteen years from the date of the patent application. Design patents in South Carolina can be enforced by a lawsuit, and if the patent owner wins, they can be awarded damages and court costs from the infringing party.

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What are the requirements for a design patent?

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