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[[file:U.S._Patent_D11023(small_copies_of_Statue_of_Liberty).pdf|thumb|left]] [[image:Coke_bottle_patent.JPG|thumb|left]] [[file:Apple_v_Samsung_design_patent.png|thumb|right]] [[file:U.S._Patent_D11023(small_copies_of_Statue_of_Liberty).pdf|thumb|right]] [[file:U.S._Patent_D11023.jpeg|thumb|right]]</ref>|thumb|right]] '''Design patent'''

A '''design patent''' is a form of [[intellectual property]] protection granted to the ornamental design of a functional item. Unlike a [[utility patent]], which protects the way an article is used and works, a design patent protects the way an article looks. The design patent is intended to protect the visual characteristics embodied in or applied to an article of manufacture.

==History==
The concept of design patents originated in the early 19th century. The first design patent was issued in the [[United States]] in 1842. Since then, design patents have become an essential tool for protecting the aesthetic aspects of products.

==Requirements==
To qualify for a design patent, the design must be:
* [[Novelty|Novel]]: The design must be new and not previously disclosed to the public.
* [[Non-obviousness|Non-obvious]]: The design must not be an obvious improvement or modification of an existing design.
* [[Ornamental]]: The design must be purely decorative and not functional.

==Application Process==
The application process for a design patent involves several steps:
1. Preparation: The applicant must prepare drawings or photographs that clearly depict the design.
2. Filing: The application is filed with the [[United States Patent and Trademark Office]] (USPTO) or the relevant patent office in other countries.
3. Examination: The patent office examines the application to ensure it meets all legal requirements.
4. Grant: If the application is approved, the design patent is granted, providing protection for a period of 15 years from the date of grant in the United States.

==International Protection==
Design patents can also be protected internationally through treaties such as the [[Hague Agreement Concerning the International Deposit of Industrial Designs]]. This allows applicants to seek protection in multiple countries with a single application.

==Infringement and Enforcement==
Infringement of a design patent occurs when an unauthorized party makes, uses, sells, or imports a product that embodies the patented design. Patent holders can enforce their rights through litigation in federal courts. Remedies for infringement may include injunctions, damages, and attorney's fees.

==Comparison with Other Forms of Protection==
Design patents are often compared with other forms of intellectual property protection, such as:
* [[Utility patent]]: Protects the functional aspects of an invention.
* [[Trademark]]: Protects brand names, logos, and other identifiers of source.
* [[Copyright]]: Protects original works of authorship, such as literature and art.

==Notable Cases==
Several notable cases have shaped the landscape of design patent law, including:
* [[Apple Inc. v. Samsung Electronics Co.]]: A landmark case involving the infringement of design patents related to smartphone designs.

==See Also==
* [[Patent]]
* [[Industrial design rights]]
* [[Intellectual property law]]
* [[Patent infringement]]

==References==
{{Reflist}}

==External Links==
{{Commons category|Design patents}}

[[Category:Intellectual property law]]
[[Category:Patent law]]
[[Category:Design]]
[[Category:Industrial design]]
[[Category:Legal terms]]

{{Patent-stub}}

Design patent - Revision history

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