Design Patents

Design Patents

HBW helps a wide range of clients, from established companies to individuals, to obtain design patents. A design patent protects the ornamental appearance of an article of manufacture. The design must be new, original and nonobvious. Design patents cover one or both of surface ornamentation on an article and the shape or form of the article. Design patent protection can be used for a wide range of subject matter such as a computer mouse, handle on a fork, tire tread design, floral pattern on a fabric, detergent tablets, portion of a shoe, and computer-generated icon.

Unlike a utility patent, a design patent protects only the ornamental appearance of the article, not its functional features. Also, in design cases the drawings act as the claims and define the scope of patent protection. In addition, design patents have the potential to warrant higher damages than would be available for utility patent infringement if a dispute should arise and litigation ensues.

Our lawyers work with our clients to ensure design patent drawings are directed to the ornamental features chosen to be protected with other, non-important features omitted or shown as environmental structure only. We also assist our clients to determine whether or not multiple design patent applications should be submitted. In appropriate cases, filing multiple embodiments in a single application may be considered.

When it comes to design patents, experience is an important factor in retaining the right legal counsel. Not all patent attorneys offer real experience in design patents. HBW offers its clients years of experience in successfully procuring design patents. Our attorneys deliver comprehensive legal counsel at every phase of the design patent process, from reviewing products and discussing what to protect, to obtaining the requisite drawings for design patent procurement, to USPTO filing, to ongoing management.

      • US D629765: Control Button Array for Remote Control Housing