Most of the information available on intellectual property has a legal focus. Even this blog, which is intended for a business audience, addresses particular legal issues a great deal. That sort of information can be invaluable, but at the same time I am looking to expand a little more into the role that IP plays [...]
Design patents protect the appearance of a variety of commercial objects. Copyrights protect visual creative works (among other things), such as paintings and sculptures. You may wonder whether copyright and design patent protection overlap or how to you decide which to use.
The Copyright/Design Patent Subject Matter Distinction
Copyrights protect nonfunctional objects. The copyrighted subject matter must [...]
Note: I have not been posting much lately do to extended travel and work considerations, but I should be back to a normal posting schedule shortly. Now to the topic at hand.
Design Patents Protect Appearance – Utility Patents Protect Functionality
Design patents differ from utility patents (what we usually think of, when we think of patents), [...]
Design patents protect the appearance (ornamental design) of a functional object. The object must be functional- not artwork that is valued only for its appearance. However, the appearance of the object, to be protected by a design patent, must be purely ornamental and not functional. If the appearance of the object is dictated by its [...]
This post covers a very specialized subject and I am writing it 90% as a reference for myself, but hopefully some other practitioners out there will get some use out of it if nothing else.
What is a Design Patent?
The appearance (“ornamental design”) of useful articles (like cabinets, cars, shoes, etc.) that are not purely creative [...]