What are the requirements for a design patent?

A design patent is a legal document that protects the aesthetic of a product or artwork from being copied. In Washington, the requirements for a design patent are relatively straightforward. First, the design must be original and not based off of any existing product or artwork. It must also be a new, non-obvious design to the public and must not be something that’s already been available in the marketplace for more than one year. In addition, the design must be for a physical product or artwork such as fabric, furniture, or jewelry. Second, if the design is for a physical product, it must contain features or elements that are ornamental and not functional. This means that any features or elements that add to the performance, durability, or efficiency of the product are not eligible for patent protection. Third, applicants must provide drawings, diagrams, or photographs of the design and a written description. Additionally, applicants must submit a claim form that specifies what is to be protected by the patent. The claim form should include detailed information such as the title of the invention, the graphic representation of the design, and what the design is used for. Finally, applicants must pay the filing fee and provide a signed statement that they are the original inventor of the design and that the design is not previously known to the public, both in Washington and abroad. These requirements must be met in order to obtain a design patent in Washington.

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