A design patent covers the unique, ornamental, or visible shape or surface ornamentation of an article or object, even if only on a computer screen. Thus if a lamp, a building, a computer case, or a desk has a truly unique shape, its design can be design patented. Even computer screen icons and an arrangement of printing on a piece of paper can be patented. A design must be for an article that is different from an object in its natural state; thus a figure of a man would not be suitable for a design patent but if the man is in an unnatural position, this can be patented. The uniqueness of the shape must be purely ornamental or aesthetic and part of an article. If the design is functional, then only a utility patent is proper, even if it is also aesthetic. A good example is a jet plane with a constricted waist (narrow body) for reducing turbulence at supersonic speeds: Although the novel shape is attractive, its functionality makes it suitable for a utility patent only. A useful way to distinguish between a design and a utility invention is to ask, "Will removing or smoothing out the novel features substantially impair the function of the device?" If so, as in the jet plane with the narrowed body, this proves that the novel features have a significant functional purpose, so a utility patent in indicated. According to David Pressman's book "Patent it Yourself" two useful questions to ask to define design innovations are: (1) Is the novel feature(s) there for structural or functional reasons, or only for the purpose of ornamentation? (2) Does the novel feature make it look better or work better? (The utilitarian function always prevails.) If the state of the arts is such that the general nature of the feature and its function is old, but the feature has a novel shape that is an aesthetic improvement, then only a design patent will be proper. The design patent application must consist primarily of drawings, along with formal paperwork and a filing fee. Design patents last 14 years from the date of issuance.

Let IP Street help you with your concept search. Once you have drafted the description and claims of the invention, you can utilize our multi-word patent search to see relevant patent documents that have similar textual relationships. This document relevancy search can help you have a better understanding of the patent draft so you can appropriately revise and rewrite to maximize the claim scope. These patent valuation and search tools will help you better develop the patent analytics and potential duration of a patent.

Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws. Understanding patent duration is important and here at IPStreet.com, we care about your patent duration, threats of patent infringement and the value of patent business intelligence.

Knowledge is power in developing and implementing strategy. Ignorance is not a defense nor an excuse in attempts to navigate the IP landscape. Utilizing our tools, we can help you understand more about your patent portfolios so that you can executive better business strategies.

Historically, commercial use of university research has been viewed in terms of spillovers. Recently, there has been a dramatic increase in technology transfer through licensing as universities attempt to appropriate the returns from faculty research. This change has prompted concerns regarding the source of this growth—specifically, whether it suggests a change in the nature of university research. (Thursby 2002) ^ University-based firms are receiving growing interest from policy makers and researchers. Such firms obtain a variety of tangible and intangible resources from their academic partners, and are expected to translate these advantages into substantial gains. (Bonardo 2011) ^Technology transfer is a big concern for universities, how can they identify business opportunities from IP developed? We have created relationships with universities to help them do just that. Contact us to learn more.