Design Patents provide protection to the ornamental design of an item. They are similar to utility patents in that they provide the patent owner with the ability to exclude others from making, using, selling, or importing the design protected by the claims of the patent. However, a design patent does not protect the structure of the design only the non-functional ornamental design. The protections of a design patent persist for only fourteen years from the date of grant. The guidance of a patent attorney may be useful in determining whether to apply for a utility or a design patent.
For more information on obtaining patent protection or to find out if patent protection is the best option for your invention, contact Kelly G. Swartz to schedule a consultation.