A design patent is a patent granted on the ornate design of a functional item. Design patents are a type of industrial design right. A design patent protects only the ornamental manifestation of an invention, not its utilitarian features. A utility patent would protect the way an article is used and works. It can be very confusing to distinguish the difference between a design patent and other types of property. According to USPTO patent law, a design patent is granted to any person who has imaginary any new and no obvious ornamental design for an article of manufacture. The design patent protects only the appearance of how an article, but not its structural or functional features. The design patent application process is the same as those relating to other patents with a few differences. If your design patent application passes its examination, a observe of allowance will be sent to you or your attorney or agent asking for you to pay an issue fee.
An application for a design patent is too much simpler than that for a utility patent. The specification is short and follows a predefined form. Only one claim is permitted, and it also must follow a specific form. The drawings in a design patent are similar to those in a utility patent, except that design patent drawings are created to show the ornamental features of the invention somewhat than its utilitarian aspects.
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