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What is a design patent?

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What is a design patent? Video Transcript

As with all patent worthy ideas, the invention must be new, original and non-obvious.  Unlike other patents, a design patent requires that the invention be merely ornamental and impact only the aesthetics of a useful article of manufacture. Simply put, this means that the idea must reflect a design not already available to the public that changes the appearance of a useful object made by hand or by machines. Therefore, a design patent may cover any unique aesthetic feature, shape or surface of a useful object.  For example, if a computer keyboard has a truly new and unique shape, its design can be design patented.  Typically, the design patent involves a figure and one claim.  The figure illustrates the ornamental features of the design and is usually presented as a three dimensional image.  It may be important to note that the design patent properly covers only inventions that are purely ornamental or aesthetic in nature.  That is, if the unique shape impacts an object’s function, you would also file a utility patent. 

 

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