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A design patent is used to protect an invention of any new, original, and unobvious ornamental design for an article of manufacture. This type of patent only protects the appearance of the article, not its structural or functional features. The protection afforded by a design patent is useful when an otherwise ordinary commercial product has a novel shape that is distinguished by its ornamental or aesthetic appeal, as opposed to mechanical function. When a utility patent is unobtainable because the product lacks a new function or structure, a design patent can still be obtained to protect its ornamental or aesthetic features.

A design patent is very different from the more common utility patent. The design patent has a disclosure that is primarily limited to the drawings filed with the patent application.

Most of the effort in preparing a design patent application is centered on illustrating the shape of the product in as general terms as possible, to get the most protection. Unless the shape of the new design is similar to an existing product, much of the effort during the examination process in the Patent Office involves formalities, often concerning the drawings.

A design patent has a life of fourteen years and unlike a utility patent, no maintenance fees are required.

Howard Cohn has extensive experience with design patents. Contact him for a free consultation.

See some examples of design patents we've obtained for our clients.
 
 
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Howard Cohn and Associates * Patent and Trademark Attorneys
21625 Chagrin Blvd. Suite 220, Cleveland, Ohio 44122
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