Design Patent Search?
Anyone desiring to secure a patent upon his or her special
design will need to perform a design patent search. Design patents
are reserved for a special category of physical items under law.
Laws for design protection vary by country around the globe. In the
United States, the ornamental design that is on a functional item
can be granted a design patent.
A design patent can only be granted for a unique ornamental
design of an item that is functional. Examples include computer
icons and other computer images, beverage containers, jewelry and
furniture. This patent is also a form of an industrial design
right, enforceable by law. Design patent attorneys are able to
register with the government as an agent or attorney specializing
in patent applications after they pass a registration examination
offered by the U.S. Patent and Trademark Office. Foreign countries
have their own form of a design patent and application
procedure.
To consider another design to be an infringement upon a design
patent, it only needs to be shown that another design is similar to
the patented design; it does not need to be an exact copy. The
inventor, a patent attorney, or registered patent agents are the
only ones who are allowed to prosecute design infringement or to
file a design patent application.
Most design patent applications contain a transmittal, a
specification, some drawings and a declaration. The design patent
application will not be published in the United States and several
other countries until it is granted. It is very important to
maintain secrecy until the patent is granted.
Design patent searches are made to determine that the new design
does not infringe upon another patented design. Most patent design
searches and applications are done by patent attorneys to ensure
that all legal aspects of the process are performed correctly.
Design patents are valid for a period covering 14 years following
the issue date. This type of patent is only for the ornamental
nonfunctional design of a functional item. Some items that have a
design patent may also have a copyright or a trademark. Each
separately protects from being copied under penalty of law.
There are 33 categories of items that can be granted a design
patent in the United States. Items include apparel, packaging,
musical instruments, games, toys, lighting, cosmetic products and
many other items that can incorporate unique nonfunctional
designs.
(A chart showing all categories can be viewed at:
http://www.freepatentsonline.com/design-patents.html.)