What is a Design Patent?
Let's say a shoe company develops a
new style of tennis shoe. When the company has finished developing
the shoe and is ready to take the shoe to market, they want to
protect their investment by filing for a Patent. The tennis shoe
the company has developed is a new style of tennis shoe. The
tennis shoe works like other tennis shoes but what is different is
the look of the tennis shoe. Since the company invested a lot of
money developing the tennis shoe, they want to make a return on
that investment and inhibit anybody else from making,selling or
using a tennis shoe that looks like their tennis shoe. The company
will choose to file for a Design Patent to protect their new style
of tennis shoe. Since it is the "look" or "appearance" of the shoe
that is different, a Design Patent is the best type of Patent to
protect the new shoe. If what is different about your invention is
the way that it looks, you should file for a Design Patent. Design
Patents have a term of 14 years