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The Design Patent                                          Order Now

An additional form of patent protection is provided by design patents.  A design patent is a patent granted on the ornamental design of an item (as compared to the item's structure or utilitarian features).  Design patents may be used to protect the ornamental design of a variety of items, for example jewlery, furniture, even computer products (e.g., monitors).  Nowadays, the founders of the popular JanSport® backpack lament their failure to file a design patent on the shape of their backpack, thereby allowing competitors to market and sell similarly designed backpacks.  Since the design patent protects only the ornamental design of an item, the drawings actually define the scope of patent protection.  As a result, care should be taken when preparing design patent drawings.  Once a design patent is granted, an object with a design that is substantially similar to the design claimed in the patent cannot be made, used, copied or imported into the U.S.  A U.S. design patent is valid for 14 years from the date of issue. 

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