Design Patent: Protecting Inventions From Infringements And Misuses

The term Â'patentÂ' is usually defined as an exclusive right granted by a particular state to a patentee, for an invention. Patents can be granted in different fields like medicine, software, business methods, and many more. Patents can, similarly, be granted for certain designs, created for functional items. Design Patents can, therefore, be described as registered rights granted over a particular design, for a fixed period.

Designs are primarily ornamental embodiment of certain patterns on any product. A patent on design empowers the patentee with the sole right to make, use or copy that particular design, for any purpose. The design can be for any kind of jewelry, food items, and/or beverages, logos for entrepreneurial purposes, or even computer icons. Granted for a particular period, the patent for particular ornamental design can be extended further.

A design generally relates to external appearance or embodiment, and the patent does not cover the structural features of the design. It is very different from utility patents which cover the functional or utilitarian aspect of a design. A design patent excludes the functional aspect, and can be declared void if the patented design has some practical or functional utility. A patent, exclusively for the design, was first granted in 1842 to George Bruce as US Patent.

Patents are very different from copyrights and trademarks. Copyrights generally cover those items which are non utilitarian in nature; for example, songs, scripts, books, paintings, etc. Copyrights are granted for utilitarian articles only in certain cases like the use of a painting on a building, or an automobile. Features like the external appearance or design of a particular utilitarian or non utilitarian item are protected by design patent, and not by copyrights.

There is a marginal difference between trademarks and design patents, and the two should not be confused. Though many products are usually protected by both trademark law and design patent, there is difference as to what each protects. A classic example would be that of a Pepsi or a Coke bottle. Whereas the design patent would simply prohibit anyone from copying the shape of the bottle, trademarks law would also be concerned with the contents of the bottle, and the ultimate impact it has on the sales volume of the product.

In every state, there is a governing body granting patent. The patent granting office is generally governed by both national and international laws. In the United States, the USPTO (United States Patents and Trademark Office) is the authoritative body for all such matters.

The design patents are granted to any claimant who can prove the design is original and ornamental in nature. So, such patents aptly protect inventions from any kind of infringement or misuse.