What are the requirements for a design patent?

In Utah, design patents are legally issued for an invention that is solely related to the ornamental design of a product. To receive a design patent, the invention must meet the following requirements: 1. It must be novel, with no existing designs that are substantially similar. 2. It must be non-obvious. This means the design should not be an obvious variation of an existing product. 3. It must be useful. The object must have a purpose and be able to fulfill that purpose. 4. It must be ornamental. The design must be attractive and aesthetically pleasing. 5. It must be described with sufficient detail. This includes illustrating the design with drawings and including a written description in the patent application. 6. The patent application must be filed with the United States Patent and Trademark Office (USPTO). Design patents provide an inventor with the exclusive right to make, use, and sell their invention for a period of 14 years from the issue date. With a design patent, no one else can manufacture, use, or sell the invention without the inventor’s consent. Design patents should not be confused with utility patents, which cover inventions related to the functioning or structure of a product.

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