Design Patent

In the United States, a Design Patent is a form of legal protection granted to the ornamental design of a functional item. Design Patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by Design Patents. In India, the Design Patent is called ‘Industrial Design’. An ‘Industrial Design’ is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial Designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. Utility Patents protect the functionality of a given item but Design Patents cover the ornamental non-functional design of an item. Design Patents are valid for 14 years from the date of issue. There are no maintenance fees to be paid every year like Utility Patents.