A design patent is legal protection of the unique visual qualities of a manufactured item. It may be granted if the product has a distinct configuration, distinct surface ornamentation, or both. The designer does not begin with some preconceived idea. Instead, the idea is the result of careful study and observation and the design is a product of that idea "Paul Rand"
Design patents are necessary once a product's look plays a key consideration in its success. Design patents only cover what is within the drawing. Something shown gains protection once the government grants the patent claim. The sole catch is that the look cannot be obvious. Design patents need some creativity.
You can apply for a design patent any time you modify a product's look or vogue while not ever-changing its utility. If the movie maker Company wished to create an Irishman Mouse toaster, they might get a style patent for this product. They are making a novel however repeatable style. They could not get a utility patent due to their product still toasting bread like every different toaster.
PROBLEMS
Because design patents are easy to get, you would possibly suppose they are better than utility patents. This is often false. You will have a more durable time obtaining a contract with a design patent than with a utility patent.
Generally speaking, the design patents area unit is viewed as weaker than utility patents, however, that's not extremely the whole story. A design patent protects solely one thing i.e. appearance, not its functions. That’s why it's often said that design patents are weaker than utility patents. It’s important, however, to mention that you just have to be compelled to be cognizant of the protection you're progressing to get with a design patent. If you would like protection for the manner your invention operates then a design patent isn't the proper style of protection. Except for several products what makes them fascinating is the manner they seem, not essentially the manner they operate. In therein scenario, a design patent is applicable. It’s conjointly applicable to file a design patent that seeks protection in the manner one thing appears at the same time as filing a utility application (i.e., conditional or non-provisional patent application) that seeks to ultimately defend practicality. Further, getting many style patents on varied various designs will and will offer a pleasant portfolio.
Design patents fell out of favor in the past as a result they were promoted by non-attorney services WHO failed to justify the distinction between a style patent and a utility patent. Inventors were funneled toward a design patent in nearly all instances even once what they required was a utility application. Thus, design patents received a foul name. That was ne'er applicable as a result of it wasn’t any drawback with design patents, however rather folks expecting to urge a lot of from a style patent than the rights granted would fairly enable.
A product protected by a utility patent may additionally get a design patent that safeguards its distinctive visual components and needs solely drawings of a style amid restricted text. Design patents last for fourteen to fifteen years from the date of filing and maybe get on their own. To urge each utility patent and style patent, bear in mind that the invention should be helpful and serve some sensible purpose, not simply decoration.
WARNING FOR INVESTORS & STARTUPS
There are several institutions out there that claim they'll facilitate inventors and startups to get the patents they have. Sometimes, they're going to say they'll guarantee your patent being issued. A preferred manner of doing this is often by filing a design patent for every invention that comes their way, which could be a disadvantage to inventors. If they decide on the wrong style of the application to file, all the valuable and necessary components of the invention get given to the general public domain and therefore the creator loses all his or her ideas. This is often solely a plan to have money, nothing else.
