Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. But what if the unique appearance of your product comes from its material? Can a design patent show a specific material, substance or composition of […]
Articles Tagged: design patent
How can you protect your product with a design patent?
Can a design patent protect your new product? When compared to utility patents, design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional. Let’s explore when it makes sense to […]
What do dashed lines in a design patent mean?
What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is […]
Should you file a design patent or utility patent?
Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should apply for a design patent or utility patent. While every concept is different, certain general guidelines can help you choose the right patent application. Technical differences between utility and design patents have been discussed here. […]
What is a design patent divisional application?
Design patent divisional application: when do you need it? Though it does not happen often, a design patent application may occasionally be filed with multiple designs, known as embodiments. The hope of the applicant is that design application will issue with all designs, thereby saving some money. Unfortunately for the applicant, design patent examiners tend […]
What does a design patent protect?
Will a design patent protect your idea? Without a doubt, design patents are cheaper and quicker to obtain than utility patents. The low cost and low probability of rejections certainly make design patents an appealing option for cash-strapped startups seeking some type of protection. If the appearance of your product or concept is unique, then […]
How hard is it to get a patent?
How hard is it to get a utility patent? Before delving into how hard it is to get a utility patent, we should define that we mean by easy. If easy means getting a patent without any rejections, then only 11% of utility nonprovisional patent applications get allowed without any rejections according to this Yale […]
How to patent a product
Should you file a patent application? Before discussing how to patent a product, let’s briefly consider the why question. Give some thought to this fundamental question: Should you patent your product or idea? A wise IP strategy should cover the following factors before filing patent applications: Product lifespan (How long will the product realistically last […]
Can graphic designs and patterns be protected in the abstract by design patents?
What is an article of manufacture? Can graphic design be protected with design patents regardless of the product? Design patents cover only those designs that may be applied to articles of manufacture [see MPEP 1503]. An “article of manufacture” essentially means a physical end product, or a component thereof, that results from the manufacturing process. […]
How to protect product parts with design patents
Is patenting replacement parts a smart IP strategy? If there is a market for secondary product parts, it may make sense to file design patent applications to protect the ornamental appearance of each visually unique component. It is not uncommon for an overall product to be protected by multiple design patents covering individual parts. This […]