Design Patent Applications in Houston, Texas And Neighboring Fort Bend County

Design patents are a type of intellectual property protection that allows an original inventor to protect ornamental aspects of their creations. For the United States Patent and Trademark Office, design patents provide the patent holder with exclusive rights to prevent others from using, making, or selling a product that has an infringing design.

Design patents differ substantially from utility patents.  As presented in our other article, utility patents (nonprovisional patent applications) protect the functional aspects of an invention. Design patents are different in that these patens cover the non-functional aspects of an object.  Such non-functional aspect may be, for example, the shape, pattern, or ornamentation of a product. From a design patent basis, if someone else invents a product that performs the same function as your invention, they cannot copy the design of the original product without permission from the design patent holder.  This protection extends for the finite time that the patent is active.

In order to obtain a design patent, the process is similar to that of a utility patent. The inventor or patent practitioner files a patent application with the USPTO, which includes a detailed description of the design, drawings or photographs of the design, and a set of claims defining the scope of the design. An examiner from a specific “art unit” conducts a review of the design and compares the design to other designs currently known.  In this evaluation, the examiner determines if the design is new and non-obvious, and if it meets the requirements for patentability.

Compared to utility applications, one of the key advantages of design patents is that they can be obtained at a lower cost than utility patents. The process of obtaining a design patent typically takes less time as the examination process is easier to conduct and involves fewer steps than a utility patent. Also of significant advantage, the filing fees for design patents are generally lower than those for utility patents, making them more accessible to individual inventors and small businesses.

A prime advantage of design patents is that they can provide a strong level of protection. Due to the nature of design patents only covering the non-functional aspects of a product, they are often more difficult to “design around” than utility patents. As a result, competitors may have a harder time creating similar products that do not infringe on the design patent holder's rights.  As will be understood, some products, such as clothing, are mainly sold on the basis of their design or looks, therefore protection of such design features are very strong for the patent holder.

There are also some limitations to design patents that potential filers should be aware of. One of the main limitations is that design patents are limited to protecting a specific design that is covered by the patent. This means that competitors can make slight changes to the design and thus “fall outside” of the scope of the patent.  Additionally, design patents only last for 15 years from the date of grant, which is a shorter term than utility patents according to Public Law 112-211.  

Despite these limitations, design patents have been used to protect a wide range of products, from fashion designs to consumer electronics. There are many examples of design patents that are famous.  One famous example of a design patent is the Coca-Cola bottle design patent, which was granted in 1915. The patent protected the unique shape of the Coca-Cola bottle, which features a contoured design with a narrow neck and flared base.

Another example of a famous design patent is the ornamental designs of different mobile phones, such as the iPhone, which was granted in 2008. In the iPhone design patent, the design covers the rectangular shape with rounded corners. This design became synonymous with Apple's brand and played a significant role in the success of the iPhone.

In conclusion, design patents provide a valuable form of intellectual property protection for inventors who wish to safeguard the aesthetic or non-functional aspects of their creations. They can provide a strong level of protection and are often more easily achievable and affordable than utility patents. As some forms of products rely on design aspects almost exclusively for sale, design patents may be used advantageously oby owners to distinguish their overall design in the marketplace. 

If you need help with a design patent in the Houston, Texas area or in neighboring Fort Bend County, do not hesitate to contact the Vereb Law Group PLLC for help.