Design Patent
Author: Jane Wyvern

The definition of a design can be as follows: the
characteristics, ornamental or visual, manifested in a
manufactured item. The design of the surface visual aspects
cannot be separated from the item it has been applied to. It
cannot exist by itself. It has to be a specific pattern of
ornamentation on the surface of some sort of manufactured
thing. The United States Patent and Trademark Office, commonly
shortened to USPTO, or simply, Patent Office, looks at
applications for patents and grants them depending on
entitlement, Patent law allows any person to receive a design
patent for an original design for a manufactured item. This
type of patent is meant to protect the article's appearance
only—not its utilitarian or structural features.

The Various Kinds of Designs and Modified Forms

Ornamental design can include an entire item or only a portion
of one. It can also be the particular ornamentation of an
article. It's possible to make only a single claim on a design
patent. Distinct and independent designs have to be submitted
in separate application for design patents. They cannot both be
supported by the same claim. Designs are seen as independent if
no relationship can be discerned between at least two articles.
The distinctiveness of designs is defined by appearance and
shape—that is, it is possible for two items to be related
things. At the same time, it is possible to file an application
for modified forms of the same design at the same time.

Design Patents and Utility Patents: The Difference
A design patent is intended to protect the appearance of an
item, while utility patents are supposed to protect the way in
which an item is used. Both design and utility patents can be
obtained for an item if there is a combination of inventions
involved—both utile and ornamental. It becomes complicated,
however, because it is not always so easy to separate the two.
Many manufactured items have ornamental and functional
characteristics.

The Design Patent Application
A typical design patent application would include the following
things:

(1) A preamble, mentioning the applicant's name, a title for
the particular design, and also a short description of the item
and what it is supposed to be used for;
(2) Unless included on the application sheet, it should be
cross-referenced with any related applications;
(3) If research and development that has been federally
sponsored, this should be stated;
(4) An explanation of the drawing's figures;
(5) Description of features;
(6) One claim;
(7) Photographs or drawings;
(8) An executed declaration or oath.

There are also fees required. These include an examination fee,
a search fee, and a filing fee. If the applicant for a design
patent happens to be a small entity, such as a small business
owner, an independent investor, or a not-for-profit
organization, then fees will be reduced by 50 percent.


About The Author: Jane Wyvern is an established freelance
writer. You can find more of her writing at
http://www.patents-source.com, http://www.today-gps.com and
http://www.mortgage-future.com.