Are you aware that the unique appearance and feel of a product (its design or ornamental characteristics) may qualify for protection? You may be eligible for a design patent, but only if you meet the strict USPTO requirements. If you are prepared to learn more about securing the advantages of design protection, please continue reading and contact a dedicated Orange County, California Patent Lawyer.

What Is a Design Patent?

First and foremost, it is crucial to understand that a design patent safeguards the ornamental appearance (shape, surface decoration, or visual impression) of a manufactured article, but not its function or underlying concept. Put simply, if your product’s appeal is visual, a design patent is suitable; if it’s functional, a utility patent is required. For the most comprehensive protection, the majority of products benefit from securing both types of patents.

What Are the Legal Requirements?

To secure a design patent, specific legal criteria must be met:

  • Novelty: A design patent requires novelty, meaning it must be new and cannot have been previously disclosed, sold, or patented in a substantially similar form. Any public use or disclosure may, unfortunately, negate the design’s originality. An Orange County, California patent lawyer can conduct prior art searches to evaluate novelty before submitting your patent application.
  • Non-Obviousness: In addition to novelty, the design can’t be obvious to an ordinary designer familiar with prior art. Trivial changes like superficial tweaks typically don’t qualify. An Orange County, California patent lawyer can help distinguish meaningful innovation from minor modifications.
  • Non-Functional: A design determined only by its purpose cannot be safeguarded. Although a design may incorporate certain functional elements, the features that are being claimed must provide a unique visual appearance apart from mere utility. An Orange County, California patent lawyer can help you identify and showcase these aesthetic elements.

What Counts as an “Ornamental Feature” for Design Patent Purposes?

For a design to be safeguarded, it must meet the definition of “ornamental.” This basically means the design must relate to the object’s appearance rather than its function. Features that are dictated solely by function are usually considered functional and do not qualify for design protection. Conversely, a feature can be eligible for protection as ornamental if it is visually distinctive and not strictly necessary for the product’s primary function. Design patents generally cover:

  • Shape: The 3D form (like a bottle’s outline).
  • Surface Art: Patterns or graphics on a particular product (like a cool shoe design).
  • Both: The overall visual package (shape and surface).

In other words, it’s all about the complete look. An IP attorney at Burns Patent Law can help you determine the best way to claim your design.

As you can see, it is possible to obtain a patent for a design or ornamental feature. However, it must be new, non-obvious, and not purely functional. Connect with an attorney at Burns Patent Law. Our legal team is prepared to help you secure the benefits associated with patent protection.