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What Is a Design Patent in the US?

What Is a Design Patent in the US?

The answer to the question of what is a design patent in the US is quite simple. A patent is an intellectual property right that protects an invention. This allows you to obtain ownership of the use of the invention. In other words, you can prevent third parties from reproducing or commercializing your creation. But how much does a design patent cost? It depends a lot on the patent itself and the organization selling patents. Moreover, what does a design patent protect? It allows a creator to obtain a temporary monopoly on the invention. Indeed, a monopoly can constitute an encroachment on the freedom of trade and industry if it is not restricted.

Is a Patent an Appropriate Title for Your Situation?

How long does a design patent last? It can be issued for a period of 20 years. For an invention with a short lifespan, which, for example, is subject to rapid obsolescence, an interesting alternative is the utility certificate. The granted criteria are identical to those of a patent, but the duration of protection is only six years.

What Is a Design Patent Application?

So, the next step is a design patent application. If you want to apply for a patent, you must consider three features:

  • The patent is a national title.
  • Filing a patent application does not necessarily lead to obtaining one.
  • The 20-term patent is guaranteed by your obligatory annuity payment.

When Can I Apply for a Patent?

How do you get a patent on a design? Patent law does not allow the protection of an idea. It defends the technical characteristics of this idea, which should be a new invention suitable for industrial applications. Thus, the drafting of a patent makes it possible, in particular, to define and fully describe the concept. And if you ask, what is an example of a design patent, then here it is. If the simple concept of a “foldable smartphone” cannot be the subject of a patent, a full description of such a smartphone with technical details can.


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by Brian Perry // Brian Perry is a contributor to Businessing Magazine.

Opinions expressed by contributors are their own.