What Protection Does a Design Patent Provide?

DEREK FAHEY, ESQ.

What Is a Design Patent?

A design patent protects a new, original, and ornamental design for an article of manufacture. It protects the appearance of a product rather than its functional operation. Functional features may instead be appropriate for utility-patent protection.

Design patents are generally simpler and less costly to prepare than utility patents because the claimed design is primarily shown through drawings.

How Is The Design Claimed?

The drawings are the heart of a design patent. Solid lines identify the claimed portions of the design, while broken lines may show unclaimed surrounding structure or environment. Strategic use of solid and broken lines can materially affect the breadth of protection.

What Constitutes Infringement?

Design patent infringement may occur when an accused product’s design is substantially similar to the patented design from the perspective of an ordinary observer. The accused design does not need to be an exact copy.

Only the portions shown as claimed in the patent drawings are protected. Features shown in broken lines are generally outside the claimed design.

Why Claim Scope Matters

The Apple and Samsung litigation illustrates the commercial value design patents can carry. Carefully deciding which product features to claim can determine whether a patent reaches competing designs that are similar but not identical.