Design Patents

Design patents are not utility patents. A design patent protects the ornamental features of an article of manufacture only and do NOT protect the function or utility of an article. A table's design may be protected by a design patent however, the patent will not prevent others from marketing the functional equivalent, i.e. a table of a different design. Design patents are less expensive to obtain because the application relies upon the drawings to set out the design sought to be protected. A design patent is valid for a period of 14 years from date of issue. They are less expensive to get, and do not require maintenance fees.

Whether another design infringes a patent design involves a two-part test. First, the court considers whether, in the eyes of an ordinary observer, the designs are substantially the same. Second, the court questions whether the "infringing" design appropriates the novel features of the patented design. The patented design is considered in its entirety, including all ornamental features included in the patent drawings.

The design patent protects the ornamental consumer appeal of the product design. Accordingly, while ornamental features which are concealed or obscure during "normal use" are not protected by a design patent, the very purpose of appealing to consumer interests means that "normal use" may extend from the product's manufacture to destruction. For this reason, even a product that may be concealed upon installation by the consumer may qualify for a design patent where the design is intended to ornamentally appeal to the consumer and encourage purchase.