How Do I Get a Design Patent?

Full question:

Can you help with a simple patent for an invention? My idea is a design patent which could then be sold to a manufacturer for the end product.

• Category: Intellectual Property
• Date: 04/07/2025
• State: California

Answer:

In order to qualify for a patent, the invention must be novel, meaning no other prior invention description anticipates or discloses the elements of the new invention. Second, the invention must have utility, that is, usefulness. Third, the new invention must not be obvious to those skilled in an art relevant to the invention. The latter requirement is referred to as "nonobviousness."

Congress and the Patent and Trademark Office require that applicants follow specific steps in order for a patent to be issued. Once a patent has been issued, the right is considered the personal property of the inventor, so it can be sold, assigned, etc. The length of the patent depends on the type of patent issued. Generally, the length is either 20 years (utility and plant patents) or 14 years (design patents). Damages for patent infringement are rather severe, thus providing greater incentive for inventors to follow proper procedures to apply for a patent.

Design patents may be issued for a new, original, or ornamental design for an article of manufacture. This type of patent is limited to the unique shape or design of an object and only applies to the ornamental or aesthetic value of the object. If the shape serves some function, then the inventor should apply for a utility patent. The design cannot be an adaptation of a known form or ornament to a different article. The patent application for a design patent is similar to a utility patent, though the description and "claim" that defines the design are usually very short.

Intellectual property, such as patents, can also be licensed, rather than sold, to give the owner more control over the patent. This is often little more than a promise not to sue, e.g., if royalties are paid. For example, an End User License Agreement (EULA) is a contract found in most software packages that describes the rights to which the user of the software is entitled. Typically, it will explain how many people can use the software, whether it can be used on multiple machines, and whether it is transferable.