Protecting a product’s new, original, or ornamental design is vital to an invention’s livelihood. Design patents do just that – protect the visual, non-functional, features of an invention. This may include a product’s shape, or other aesthetic aspects of the surface of a product, or a combination of both. Examples of this would be the shape of a Coke bottle, or the visual elements of an app on your smartphone. Design patents also exclude others from making, using, selling, or importing both exact copies, as well as substantially similar objects to the protected design.

• Cost Effective
• Faster Grant Rate
• Protects Against Knock-Offs

The protected shapes and aesthetic aspects don’t need to be functional components of the product. As a result, a product can be protected by both design and utility patents. Design patents differ from utility patents in that they protect only non-functional aspects of an invention. Design patents cost significantly less than utility patents and are generally granted at a much faster rate, presenting a few reasons why design patents may be a smart investment.

Design patents are well suited to protect the unique looks of:

• Architecture & Structural Arts;
• Applied Arts & Fine/Studio Arts;
• Fashion & Apparel;
• Genetically Modified Plant Morphologies;
• Graphic Designs & User Interfaces; and
• Replacement Parts & Manufactures.

Intellectual property treaties such as the Paris Convention and the Hague System allow for the international protection of industrial designs. The Hague System, in particular, secures design protection simultaneously in multiple countries or regions through one international application, in one language with one set of fees.

If you have an interest in filing a design patent application in the U.S. and/or around the world, please contact an MVS attorney to discuss the best strategy for obtaining intellectual property protection for all your inventions.