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Design Patent Basics
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Design Patent
A legal form of protection granted to the ornamental design of a functional item. It ensures exclusive rights to the visual design of a product.
Ornamental Design
Refers to the aesthetic aspect of an item. Design patents are meant to protect designs that are not dictated by the item's function.
Functional Design
Aspects of a design that are essential for the utility of the product. Functional designs are typically not protected by design patents but may be covered by utility patents.
Design Patent Term
The length of time a design patent protects a design, currently 15 years from the date of grant in the United States.
Novelty Requirement
A condition for design patent eligibility; the design must be new and not obvious in view of prior designs.
Non-Obviousness
A criterion for design patentability; the design cannot be an obvious change from existing designs or combinations of designs.
Infringement of Design Patent
When an unauthorized party makes, uses, sells, or imports a design that is substantially similar to the patented design, leading to potential legal action.
Locarno Classification
An international classification system used for the registration of industrial designs, it helps in the categorization of design patents.
Drawing Disclosure
Illustrations or drawings that accurately depict the visual attributes of a design to be patented; essential for a design patent application.
Continuation-in-Part (CIP)
A type of patent application filed during the lifetime of an earlier patent application, adding improvements or modifications to the design already submitted.
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