by Jim J Jones

Created on: June 16, 2010

Patents have a simple purpose. They are a shield for inventors and innovators, which can be used to protect new and original ideas from being stolen by those who lack the motivation, willingness or resourcefulness to come up with useful new ideas on their own. The patent is the inventor's copyright, granting him exclusive rights to his own work, and the right to license it out to those whom he deems fit.

A design patent is a special category of patent. Most patents are temporary, lasting a few years, or maybe even a decade or two. It all depends on the jurisdiction, and the specific product being patented. (Plants get 25 years, medicines often get fewer than 10. Other products can be anywhere on the board.) Like these, the design patent is temporary. It lasts 14 years, and has no maintenance fees, which distinguishes it from most other patents.

The design patent, as its name suggests, is not for an invention (those are "utility" patents) but instead for an ornamental design on another product. The famous glass Coca Cola bottles are a prime example of a product that can get a design patent. The only stipulation is that the object has to have practical utility, so that the United States' (and other nations') Patent and Trademark Offices are not overwhelmed by people seeking design patents for their coasters, pet rocks, and floppy disk drives.

To get a design patent in the United States, you need to have a design that can get a design patent, as well as an attorney or patent officer registered with the United States Patent and Trademark Office. The lawyer or officer will guide you through the process of drawing up your design in such a way that it is clearly distinct from preexisting designs (and thus demonstrating that it is original and does not infringe on other people's design patents) and will be recognized as legitimate by the Patent and Trademark Office. If your product is one which is likely to be popular internationally, you will probably want to file for design patents in other countries. Design patents are not referred to as design patents worldwide. Many other countries have similar names (generally including the word "design") for the same legal construct, but you will have to navigate the same bureaucratic pathways that you have to in the US.

All the best in your efforts to get that design patent approved!

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