Original designs fall under the category of intellectual property. This means they are unique creations that can be distinguished from others of their kind. In business, original designs are important to innovation, leading to the manufacturing and sale of new products. The reason why so many different designs exist is because of people’s ability to embrace novelty. This is their way of uniquely and intelligently creating new products with designs that have never been seen before.
Because these designs are unique to the creator, they need legal protection so that others do not use them without permission. This is where patents come in, a specific type of intellectual property that protects technical inventions such as machine designs. They also may protect the unique ways that a machine operates. A utility patent could protect a copier’s method of making copies via its advanced touchscreen options. Similarly, a plant patent protects against the reproduction of a new plant discovery. Ultimately, patents will legally protect intellectual property from unauthorized use, sale, or manufacturing. As long as original designs reflect nuances of human intellect that are novel, they may be eligible for design patents.
What Are Design Patents?
While utility and plant patents are both common and necessary, design patents circulate in the corporate world most frequently. They protect the original creation of unique visual characteristics of products. This applies to a product’s construction, surface appearance, shape, and configuration, specifically, as their ornamental properties.
To acquire a design patent, creators will typically rely heavily on patent drawings, which are a variation of design patents. Patent drawings are actual illustrations of a new creation that meets the criteria for intellectual property and potentially for a patent. They shape a product’s new design, acting as a blueprint for inventions and an initial guide toward manufacturing.
The Cybertruck Design
One prime example of a design patent that has achieved large success across the world is that of the Tesla Cybertruck. It has gained significant attention for its intriguing appearance, for which it has acquired design patents to protect its originality. The Cybertruck’s unique features, including its touchscreen, glass structures, and exoskeleton, all make up a vastly intricate automotive design.
Not only does the vehicle boast a novel, futuristic construction, but its exterior provides outstanding durability. This achieves patentability because Tesla designed it this way to best protect passengers, demonstrating its practicality. It is also non-obvious as to how to operate the vehicle because of the interior’s multifaceted layout.
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How Design Patents Work
To best understand how design patents work, it is firstly important to know the concept of patentability. In simple terms, patentability is a creation’s eligibility for a patent. To determine this eligibility, creations must meet three main criteria: novelty, practicality, and non-obviousness.
Novelty
Novelty, or the state of being new, refers to a design’s originality and distinction from other creations of its kind. This means that compared to existing products and designs, known as prior art, the novel creation contains variation. While this showcases an element of innovation, it does not mean that the novel design must be “never seen before.” There are too many products in the world that are fundamentally the same but have several properties that set them apart. Complete novelty is impossible, nor is it the objective. As long as the new design is distinct from prior art, then it should be fair game.
Practicality
In addition to novelty, a design must also be practical in its application to real-world scenarios. To patent a new car design, creators must prove its inner mechanics are unique and function effectively as intended. Their novel design and practical function must set them apart from other vehicles and their mechanical systems, reflecting intellectual creativity.
Non-Obvious Qualities
Lastly, the design must possess qualities of its use that are non-obvious to ordinary people. In other words, if laymen were to operate the invention, they would be surprised by the outcomes that the invention produces. This is all a matter of non-obviousness, as it reflects genuine innovation and novelty.
Applying for a Design Patent
Along with these criteria, creators must also apply for a design patent through the United States Patent and Trademark Office (USPTO). The USPTO is responsible for providing patents for novel designs as well as protecting them as intellectual property. In their applications, creators need to provide the following:
Patent Drawings
Patent drawings are critical to a design’s foundation and patent application. They illuminate the elements of the design’s ornamental properties, acting as a tangible representation. Additionally, they help to differentiate it from similar designs while touching upon its practicality as well.
Design Description
Going along with patent drawings, applications must also contain brief descriptions. These include the ornamental design’s construction and surface appearance and how they enhance functionality. These will help to identify exactly how the design is patentable and why the ornamental properties are unique and original.
Relevant Claim
Finally, the patent application requires an original statement from the creator that the invention is unique and novel to laymen. It should also mention usefulness and non-obviousness as indicators of functionality and difficulty to reproduce. The claim gives exclusive rights to the creator, granting them the authority to use their product commercially. Claims are often regarded as the most substantial component of a patent application.
Deciding Factors
The creator must be able to describe how exactly their design meets patentability and application requirements. The USPTO will then assess the patentability of the design and approve or deny the patent based on all criteria. If approved, the patent will last approximately 15 years. This period is a legal stamp, prohibiting from selling, manufacturing, or reproducing the original design. It is advisable to consult a patent attorney who has legitimate knowledge of the field and can help within the realm. They will be able to examine one’s creation for patentability in more depth. Creators must understand their designs as intellectual property, along with the need to acquire legal protection in a commercial setting. Without this protection, the reproduction of the design becomes more probable.
Frequently Asked Questions
1. What can I file a design patent for?
You can file a design patent for any original design of yours that can be categorized as intellectual property. This means it features unique physical qualities that are distinct from prior art and other products, especially of its kind. Its unique appearance will separate it from others, affording it enough distinction that warrant a patent.
2. How do I apply for a design patent?
To apply for a design patent, you must:
- Determine the patentability of your design (i.e., its unique characteristics of surface appearance, shape, and configuration).
- Present patent drawings showcasing the physical dimensions of the invention, including its ornamental design and potentially how it works.
- Submit descriptions of the patent drawings, specifically regarding the physical details.
- State a claim that demonstrates ownership of the creation, mentions usefulness and non-obviousness, and warrants exclusive rights based on its patentability.
You must file all this through the United States Patent and Trademark Office (USPTO).
3. What counts as an original design?
An original design is a unique creation that reflects genuine novelty and distinction from prior art. This means the design is exclusive in its creation, has a specific purpose, and comes from original ideas.
