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.

Ask yourself? Which side of the game do you want to be on? Do you want to be remembered as the executive who failed to recognize the business opportunity staring you in the face? Or do you want to be remembered as the visionary who executed and altered your company forever? The choice is yours.

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.

When approached with this legal assertion, as a patent counselor for your client, you need insights to help you define and determine your defense. No, I am not: A patent is defined by its language, and many times, proper preparation for a Markman Hearing, or Claim Construction Hearing, can determine the summary judgment. If you are accused of infringing on a claim, you want to find ways to minimize the scope of the claim [on the other hand, if you are accusing, you want to broaden a claim's scope]. With IP Street, you can scrutinize a claim in various ways. Your patent is invalid: Since the USPTO granted the patent, the presumption is that all of its claims are valid. Anyone can challenge the validity of a patent (request re-examination) whether or not an infringement injunction has been made. [Normally, when the USPTO learns of an infringement lawsuit, out of due diligence, they open a re-examination case.] The quickest path to invalidate a patent is to identify prior art.

Building a strong base for IP protection will make it difficult for other people and companies to infringe upon protected rights. One way to secure intellectual property protection is to cover IP with various types of IP rights. Patent infringment is a serious threat for anyone interested in patenting an idea or interested in patenting an invention. Imagine that the IP of a particular U.S. company is a novel paintbrush. The company can obtain a utility patent in the United States covering the novel paintbrush. If the company has business in Europe, it might be wise to file a PCT as well. It might be beneficial to write a claim, also, for painting with the paintbrush. By doing so, the company would ensure that both people manufacturing the brush, and each small or large painting using the brush, would be guilty of infringement if they were not first granted a license to use the brush in any manner they saw fit. When the company holding the patent improves the tool, it can always file a new patent covering the improvement (continuation-in-part application). Additionally, a design patent might protect the design of the paintbrush. Finally, the company might have a unique name for the tool that could be trademarked. The patent search tools and resources provided at IPStreet.com, will help you better understand patent duration, how to protect from patent infringement and ways to connect to experienced patent lawyers.