Like utility patent rights, design patent rights are generally granted by governments through agencies known as patent offices.  Design patent rights protect the ornamental aspects of otherwise functional items.  Examples of these aspects include the configuration or shape of an article, the surface ornamentation of an article or a combination of the two. 

In order to obtain design patent rights, an application must be prepared and submitted to a patent office.  Oftentimes, the patent office will then examine the application for patentability.  Again, like with utility patents, there is a process known as “prosecution” during which the applicant or the applicant’s representative will negotiate and argue with the patent office over the scope of protection that should be granted to the applicant.

Generally speaking, design patents contain very little in the way of written description of the invention.  Instead, the heart of a design patent is the drawings, which define the scope of protection of the design. 

Renner Otto’s design patent attorneys will work with you to understand your product and your sales strategy to determine how best to utilize design patents to protect the ornamental features of your product. This includes assisting you with creating drawings that accurately depict the novel aspects of your design without unnecessarily limiting the scope of protection.

Additionally, because design protection is available throughout the world, Renner Otto’s design patent attorneys are well-versed in the practices and procedures of both the U.S. and international patent offices.  Further, Renner Otto has a well-established network of patent professionals in countries around the world, which allows us to provide our clients with the very best service in any country where they might need protection.