Design Patents

Design vs Functionality

Many of our clients seek protection on how something is put together or assembled. However, how an invention is assembled affects the way it functions or works. While the word “design” may be appropriate to describe this, it is not protectable through a design patent. It must be covered by a utility patent.

Designs must be applied to an article of manufacture.

Design applications may be used to protect images or software interfaces. However, patent law requires a patentable design to include an article of manufacture. In plain terms, a design is only patentable as applied to an object or display. For example, an image on a computer may be patentable, but you must claim the image as displayed on the computer. You cannot patent the image without including the medium of display.