For shrewd innovators, it’s simple: Invention and design protection go hand in hand. The U.S. Patent and Trademark Office notes that patent law provides for the granting of design patents to any person with a new, original and ornamental design for an article of manufacture – and for good reason. Securing the unique visual qualities of an invention limits others from potentially copying the design, creates market barriers and preserves an individual’s or company’s competitive advantage.
A design patent provides the ability to protect the visual ornamental characteristics of an article, including configuration, shape, surface ornamentation and much more. The visual ornamental features of an article can also include computer icons, screen layouts, graphical user interface layouts and/or the like that are viewed on a display device.
In other words, design patent protection should be considered crucial. It is an investment that can prove invaluable, laying the groundwork for protection and success.
Our design patent practice focuses not only on securing protection, but on strategically defining the scope of protection to align with enforcement and product lifecycle objectives. We work with clients to identify the aspects of a design most likely to drive consumer perception and to position those features for meaningful protection against competitive products.
Collaboration with Inventors
In-depth knowledge, industry experience, a keen ability to collaborate – BakerHostetler attorneys enlist a wealth of strengths to help benefit inventors. We’ve earned praise and a positive reputation for working closely with clients to focus on vulnerable components of their designs, examine rival products and craft a successful approach in a timely manner. We guide clients through identifying core visual features, distinguishing functional versus ornamental aspects, and developing a coordinated claiming strategy (including multiple embodiments and continuation practice) to maximize protection over time.
