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Design Patents: An Analogy

May 18, 2018
Post by Gregory "Lars" Gunnerson

A recent Webinar moderated by Gene Quinn of IPWatchdog.com titled, “Strategic Use of Design Patents”, analogized a design patent to a tool in a tool box. This analogy is intriguing. For example, a utility patent could be considered a hammer, as it is useful in a wide array of applications and delivers a devastating impact when swung effectively. A design patent then, is more like a chisel. The chisel is useful in a narrower array of applications but is uniquely useful in delivering an accurate impact when leveraged properly. Thus, it follows, if one seeks to deliver an accurate and devastating impact, all one needs to do is to combine the hammer with the chisel.

A design patent is a form of legal protection granted to the ornamental design for an article of manufacture. Ornamental designs of jewelry, furniture, beverage containers, and computer icons are examples of objects that are covered by design patents.

Our experience prosecuting design patent applications indicates most design patent applications issue as design patents within 12 to 18 months, which is much less time than the 2+ years it typically takes for a utility patent application to issue. Design patents are also much cheaper to obtain than utility patents.

Design patents offer important protection for many clients whose inventions are mechanical in nature and are uniquely useful in preventing competitors from knocking off the aesthetic look of a company’s tangible product.

While there are unique situations that warrant filing solely for design patent protection, more often we encourage our clients to consider filing for both design patent protection and utility patent protection.

The decreased pendency time it takes for a design patent to issue offers our clients a seemingly immediate means to assert a valid patent right against infringers while examination of any utility patent applications is still ongoing. We find a design patent simply gives our clients more leverage when negotiating with knock-off artists and infringers.

Are you looking to add more tools to your intellectual property toolbox? Ask us about whether pursuing design patent protection is right for your invention by calling (515) 288-3667.

Gregory "Lars" Gunnerson is a Patent Attorney in the Mechanical and Electrical Patent Practice Group at McKee, Voorhees & Sease, PLC. For additional information please visit www.ipmvs.com or contact Lars directly via email atgregory.gunnerson@ipmvs.com.


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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