A design is an ornamental texture given to the manufactured article. Design cannot exist on its own or alone. Design cannot be separated from surface ornamentation of the article. Design is a planned patent.
The United States Patent and Trademark office verifies applications. It gives resign patent to the entitled inventions. Patent law grants design patent to a person whose design is original. Design protects the appearance. It does not do anything with structural features as you can see from http://blogs.bu.edu/suechen/inventhelp-taking-inventions-from-paper-to-the-global-marketplace/.
Types of designs and modified forms
You can give ornamental design to a complete article. You can also give design only to ornamentation. Distinct designs should be filed in separate design patent applications. These designs are not generally supported by one claim.
If there is no relationship between two or more articles, designs become independent. If the articles are related, designs can be distinct because of appearances. One design concept is filed in one application.
The difference between design and utility patents
Utility patent protects use of the article. Design patent protects looks of the article. Invention should settle on utility and appearance. Then, you can get both design and utility patents. Both designs have legal separate protection. Articles have both functional and ornamental features as explained on http://www.sfweekly.com/sponsored/why-inventors-turn-to-experts-like-inventhelp/.
Elements of design patent application
Elements of design patent application include:
- Preamble-It gives you title design
- Application data sheet
- RnD statement
- Drawing description
- Description of characteristics
- Single claim
- Drawings/pictures
- Oath/declaration
You need file fee, search fee and exam fee. The fee is reduced to half if concern/inventor is a small entity.
