design patent application: Intellectual Property Terminology Explained

Glossary, Patent Law and Patent Bar Review

Intellectual property (IP) is a crucial aspect of the business world, protecting innovative ideas and creations. Understanding the different types of intellectual property and their importance is essential for entrepreneurs and creators alike. In this article, we will delve into the world of design patents and explore the intricacies of applying for and protecting these valuable assets.

Understanding Intellectual Property: A Brief Overview

Intellectual property refers to the legal rights granted to individuals or organizations for their inventions, original designs, or creative works. These rights provide exclusive ownership and control over the use, production, and distribution of the protected intellectual assets. Intellectual property is a vast domain that includes patents, trademarks, copyrights, and trade secrets. Each of these forms of protection serves different purposes and safeguards a distinct set of intellectual assets.

For businesses and individuals, intellectual property is a valuable tool, allowing them to monetize their creations, safeguard their competitive advantage, and promote innovation.

The Importance of Intellectual Property

Intellectual property plays a fundamental role in fostering innovation and encouraging economic growth. By granting exclusive rights, IP protection incentivizes individuals and organizations to invest in research, creativity, and development, knowing that they will reap the benefits of their efforts.

IP protection also encourages the sharing of knowledge and technology. Through patent systems, for instance, inventors disclose their creations to the public in exchange for exclusive rights. This disclosure facilitates collaboration and further innovation by allowing others to build upon existing knowledge.

Moreover, intellectual property protection promotes fair competition. It prevents unauthorized use or imitation of someone else’s creations, ensuring that creators are rewarded for their originality and effort. This incentivizes individuals and businesses to continuously come up with new and innovative ideas, driving progress in various industries.

Furthermore, intellectual property rights provide a means for creators to generate income from their works. By granting exclusive rights, IP protection allows creators to license or sell their intellectual assets, enabling them to profit from their innovations and creative endeavors. This economic incentive not only rewards creators for their contributions but also encourages them to continue producing valuable intellectual property.

Different Types of Intellectual Property

As mentioned earlier, intellectual property encompasses various forms of protection. Let’s take a closer look at the different types:


Patents protect inventions, providing exclusive rights to their creators for a limited period. Within the realm of patents, there are two main categories: utility patents and design patents.

Utility patents cover new and useful processes, machines, manufactured articles, or compositions of matter. They grant inventors the exclusive right to use, sell, or license their inventions for a specific period, typically 20 years from the filing date.

On the other hand, design patents protect the unique visual appearance of a product. They focus on the ornamental design elements, such as shape, pattern, or surface ornamentation, rather than the functional aspects. Design patents provide exclusive rights for a period of 15 years from the grant date.


Trademarks safeguard brands, logos, and symbols that distinguish one entity’s goods or services from another. They ensure that consumers can identify and differentiate between products in the market.

Trademarks can take various forms, including words, names, slogans, logos, colors, sounds, or even scents. They serve as indicators of the source of goods or services, building trust and brand recognition among consumers. Trademark protection allows businesses to establish and maintain their unique brand identity, preventing others from using similar marks that may cause confusion or dilute the brand’s distinctiveness.

Trademark rights can last indefinitely, as long as the mark is actively used and properly maintained. However, trademarks require continuous monitoring and enforcement to prevent infringement and maintain their exclusivity.


Copyrights protect original artistic and literary works, such as books, music, software, and movies. They grant creators the exclusive right to reproduce, distribute, and display their works.

Copyright protection arises automatically upon the creation of an original work, without the need for registration. However, registering the copyright with the relevant authorities provides additional benefits, such as the ability to sue for infringement and claim statutory damages.

Copyright owners have the exclusive right to reproduce their works, prepare derivative works, distribute copies, perform or display their works publicly, and control the use of their creations. This protection ensures that creators can profit from their artistic or literary endeavors and have the authority to authorize or prohibit others from using their works.

In conclusion, intellectual property rights are crucial for fostering innovation, protecting creators’ rights, and promoting economic growth. By providing exclusive ownership and control over inventions, designs, and creative works, intellectual property protection incentivizes individuals and organizations to invest in research and development, encourages the sharing of knowledge, and allows creators to monetize their creations. Understanding the different types of intellectual property and their respective benefits is essential for individuals and businesses to navigate the complex landscape of intellectual property rights.

Delving into Design Patents

What is a Design Patent?

A design patent is a type of intellectual property protection that safeguards the unique, ornamental design of a functional item. Unlike utility patents that protect new and useful processes, machines, or compositions of matter, design patents focus on the aesthetic aspects of a product.

Design patents aim to prevent others from creating, using, or selling products that bear a similar design. By granting exclusive rights to the design owner, the design patent encourages innovation and rewards creators for their unique and visually appealing designs. Design patents cover a wide range of products, including consumer goods, furniture, electronics, and more.

For example, imagine an innovative chair design that revolutionizes the way people sit. A design patent would protect the specific shape, contours, and visual elements of that chair, preventing others from replicating or profiting from the unique design without permission.

Design patents play a crucial role in the world of intellectual property, providing a means for creators to protect their artistic vision and prevent unauthorized copying of their designs.

The Role of Design Patents in Intellectual Property

In the world of intellectual property, design patents serve as a critical form of protection for designers and inventors. They offer visual protection for the design aspects of a product, ensuring that the original creator can profit from their distinct design.

Design patents also encourage competition by providing a mechanism to prevent others from closely imitating a unique design. This protection fosters innovation, as designers can confidently invest their time, effort, and resources into developing innovative, aesthetically pleasing products.

Furthermore, design patents support economic growth by promoting the creation of new products and enhancing consumer choice. When designers know their designs are protected, they are more likely to take risks, explore new ideas, and bring innovative products to market.

Consider a scenario where a company invests significant resources into developing a groundbreaking smartphone design. Without design patent protection, competitors could quickly replicate the design and flood the market with look-alike devices, eroding the original creator’s market share and potential profits. Design patents provide a safeguard against such practices, ensuring that creators can reap the rewards of their ingenuity.

Additionally, design patents contribute to the overall aesthetics of products in various industries, making them visually appealing and enticing to consumers. By protecting unique designs, design patents help maintain a diverse and vibrant marketplace filled with eye-catching and distinctive products.

In summary, design patents play a crucial role in the realm of intellectual property, offering protection and incentives for designers and inventors. By safeguarding the aesthetic aspects of products, design patents promote innovation, competition, and economic growth, while also enhancing consumer choice and the overall visual appeal of various goods.

The Process of Applying for a Design Patent

Applying for a design patent involves several steps, beginning with the preparation of a comprehensive design patent application. This application should include accurate and detailed descriptions, along with multiple perspectives of the design, to facilitate a thorough understanding of the protected design.

When preparing your design patent application, it is essential to provide a clear and concise description of your design. This description should highlight the unique features and innovative aspects of your design, explaining how it differs from existing designs in the market. By providing a detailed description, you can ensure that the examiner fully grasps the essence and significance of your design.

In addition to the written description, clear and well-prepared drawings or photographs of the design are crucial in successfully obtaining a design patent. These visual representations need to capture the unique features and essential characteristics of the design. It is important to ensure that the drawings or photographs are of high quality, showing the design from different angles and perspectives. This will allow the examiner to fully appreciate the visual appeal and functionality of your design.

Once the design patent application is complete, it must be submitted to the relevant intellectual property office. It is important to ensure that all necessary fees are paid, and any required supporting documentation is included with the application.

Upon submission, the application will undergo a rigorous examination process to assess its novelty, non-obviousness, and compliance with design patent regulations. During this examination, the examiner will carefully review the application to determine if the design meets the requirements for patentability.

The length of this examination process may vary depending on the intellectual property office and the complexity of the design. In some cases, it may take several months or even years for the examination process to be completed. However, it is important to remain patient and cooperative throughout this period, as the examiner’s thorough evaluation is crucial in determining the validity and scope of your design patent.

During the examination process, the examiner may request additional information or amendments to the application. It is important to respond promptly and accurately to any such requests to ensure a smooth and efficient examination process.

Once the examination process is completed, and if the design patent application is deemed to meet all the necessary requirements, a design patent will be granted. This patent provides you with exclusive rights to your design, preventing others from making, using, or selling your design without your permission.

It is important to note that a design patent is different from a utility patent, which protects the functional aspects of an invention. A design patent, on the other hand, focuses on the ornamental or aesthetic features of a design.

Obtaining a design patent can be a complex and time-consuming process. However, it is a valuable tool in protecting your unique designs and ensuring that you have a competitive edge in the market. By following the necessary steps and providing comprehensive and accurate information, you can increase your chances of successfully obtaining a design patent for your innovative and visually appealing design.

Common Terminology in Design Patent Applications

Understanding Patent Claims

Patent claims are an integral part of any patent application, including design patents. These claims define the scope of protection sought and describe the specific elements that make the design patentable. A well-crafted set of patent claims ensures that the design patent covers the intended aspects of the design while providing clear limitations.

The Difference Between ‘Novelty’ and ‘Non-Obviousness’

In the context of design patents, the terms ‘novelty’ and ‘non-obviousness’ refer to the requirements a design must meet to be granted patent protection. Novelty means that the design is new and has not been publicly disclosed before the date of filing. Non-obviousness, on the other hand, implies that the design is not an obvious variation of prior designs.

Ensuring both novelty and non-obviousness is crucial in obtaining a design patent, as these requirements protect against identical or nearly identical designs and encourage truly innovative creations.

Navigating Intellectual Property Law: Tips and Tricks

When to Consult an Intellectual Property Lawyer

Intellectual property law can be complex, and navigating its intricacies may require the expertise of an intellectual property lawyer. Consulting with an IP attorney can help you understand the legal requirements, determine the best strategy for protecting your design, and address any potential legal issues that may arise during the application process.

Protecting Your Design Patent After Approval

Once your design patent is approved, it is vital to take proactive steps to protect your intellectual property rights. This includes monitoring the market for any potential infringements and taking legal action, if necessary, to enforce your exclusive rights. Regularly reviewing and maintaining your design patent can help ensure that your rights remain intact and enforceable over the protected design’s lifespan.

Design patents are valuable assets that provide creators and inventors with legal protection for their unique designs. Understanding the terminology and processes involved in design patent applications is crucial for anyone seeking to secure and uphold their intellectual property rights. By appreciating the significance of intellectual property and its various forms of protection, individuals can confidently safeguard their innovative ideas and contribute to the growth of our increasingly inventive society.