A Beginner's Guide to Design Patents

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Updated on January 29, 2020

According to USPTO patent law, a design patent is granted to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features.

In layman's term a design patent is a type of patent that covers the ornamental aspects of design. The functional aspects of an invention are covered by a utility patent. Both design and utility patents may be obtained on an invention if it is new both in its utility (what makes it useful) and its appearance.

The application process for a design patent are the same as those relating to other patents with a few differences. A design patent has a shorter term of 14 years, and no maintance fees are necessary. If your design patent application passes its examination, a notice of allowance will be sent to you or your attorney or agent asking for you to pay an issue fee.

The drawing for a design patent follow the same rules as other drawings, but no reference characters are allowed and the drawing(s) should clearly depict the appearance, since the drawing defines the scope of patent protection. The specification of a design patent application is brief and ordinarily follows a set form.

Only one claim is permitted in a design patent, following a set form.

Below find examples of design patents from the past 20 years.

Front Page of Design Patent D436,119

United States Patent - Patent No.: US D436,119

Bolle
Date of Patent: January 9, 2001

Eyeglasses

Inventors: Bolle; Maurice (Oyonnax, FR)
Assignee: Bolle Inc. (Wheat Ridge, CO)
Term: 14 years
Appl. No.: 113858
Filed: November 12, 1999
Current U.S. Class: D16/321; D16/326; D16/335
Intern'l Class: 1606/
Field of Search: D16/101,300-330,335 351/41,44,51,52,111,121,158 2/428,432,436,447-449 D29/109-110

References Cited

U.S. PATENT DOCUMENTS

D381674 * Jul., 1997 Bernheiser D16/326.
D389852 * Jan., 1998 Mage D16/321.
D392991 Mar., 1998 Bolle.
D393867 * Apr., 1998 Mage D16/326.
D397133 * Aug., 1998 Mage D16/321.
D398021 Sep., 1998 Bolle.
D398323 Sep., 1998 Bolle.
D415188 * Oct., 1999 Thixton et al. D16/326.
5608469 Mar., 1997 Bolle.
5610668 * Mar., 1997 Mage 2/436.
5956115 Sep., 1999 Bolle.

OTHER PUBLICATIONS

Eight Bolle Catalogs for 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998.

* cited by examiner

Primary Examiner: Barkai; Raphael
Attorney, Agent or Firm: Merchant & Gould P.C., Phillips; John B., Anderson; Gregg I.

CLAIM

The ornamental design for eyeglasses, as shown and described.

DESCRIPTION

FIG.1 is a perspective view of eyeglasses showing my new design;
FIG.2 is a front elevational view thereof;
FIG.3 is a rear elevational view thereof;
FIG.4 is a side elevational view, the opposite side being a mirror image thereof;
FIG.5 is a top view thereof; and,
FIG.6 is a bottom view thereof.

Design Patent D436,119 Drawing Sheets 1

Drawing Sheet 1.

FIG.1 is a perspective view of eyeglasses showing my new design;

FIG.2 is a front elevational view thereof;

Design Patent D436,119 Drawing Sheets 2

Drawing Sheet 2.

FIG.3 is a rear elevational view thereof;

FIG.4 is a side elevational view, the opposite side being a mirror image thereof;

FIG.5 is a top view thereof; and,

Design Patent D436,119 Drawing Sheets 3

Drawing Sheet 3.

FIG.6 is a bottom view thereof.

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Your Citation

Bellis, Mary. "A Beginner's Guide to Design Patents." ThoughtCo, Aug. 27, 2020, thoughtco.com/definition-of-a-design-patent-1991543. Bellis, Mary. (2020, August 27). A Beginner's Guide to Design Patents. Retrieved from https://www.thoughtco.com/definition-of-a-design-patent-1991543 Bellis, Mary. "A Beginner's Guide to Design Patents." ThoughtCo. https://www.thoughtco.com/definition-of-a-design-patent-1991543 (accessed March 24, 2023).