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What Is A Design Patent
What Is A Design Patent
A design patent is a type of legal protection for the unique visual qualities
of a manufactured item. It may be granted for products with a distinct
shape, configuration, or surface decoration. In other words, a design
patent provides protection for the ornamental aspect of an item that also
serves a practical function.
In the United States, that means an item very similar to one under design
patent protection cannot be produced, copied, used, or imported into the
country.1 In other countries, a registered design might serve a similar
purpose to a design patent. In some European countries, design patents
can be obtained through a fee and meeting basic registration criteria.2
KEY TAKEAWAYS
In some countries, such as the U.S., Canada, China, Japan, and South
Africa, applications for design patents are kept secret until they are
granted.5 In Japan, secrecy can be extended to three years after
registration is granted. The first U.S. design patent was awarded in 1842
for printing typefaces and border (fonts).6