Protecting New Ornamental Appearances With Design Patents [Patent Reviews]

Discusses the protection of new ornamental appearances associated with design patents. Design patents protect the ornamental appearance of useful articles and have a term of 14 years from the date of issuance, which follows, of course, the filing and pendency of the application. To obtain a patent, the design must be ornamental, novel, and more than an obvious improvement from previously known things (separate and combined). Design patents are available only to protect the nonfunctional, aesthetic components of an invention. By contrast, utility patents protect useful and functional aspects.