CALL US: 206.533.3854
CALL US  206.533.3854
AEON Law logo full color transparent
AEON law logo on grey background

Design Patents

Patent vs. copyright registration

The New Black.

Despite the amount of artistic expression and innovative design involved, artists and industrial designers who produce stylized useful objects such as, furniture, containers, appliances, tools and clothing articles cannot protect their work through copyright registration. However, the products are protectable through the registration of a US design patent. A design patent protects the ornamental design of an article of manufacture that is new, original and non-obvious.

The design patent gives the owner the right to prevent others from making, using, or selling a product that so resembles the patented product that an “ordinary observer” might purchase the infringing article, thinking it was the patented product. The owner is given a monopoly on the design for a period of 14 years. In many cases, a design patent can also be protected as trade dress, extending the registrant’s monopoly on a design for all eternity.

The classic example is the design of the Coca Cola bottle, which was registered as a design patent in 1915. While the patent has long since expired, because Coca Cola was able to use it exclusively for several years, it was able to obtain a trademark registration for the shape of its bottle, foreclosing any competition in the soft drink industry with respect to that design.

Related Articles

Federal Circuit Affirms Blockchain Gem Patent Is Invalid

The Federal Circuit has affirmed a lower court’s decision finding the claims of a patent for preventing gemstone counterfeiting invalid. The case is Rady v. ...
Read More

Tennessee Passes Law Against AI Voice Copies

The state of Tennessee has passed a law against the use of artificial intelligence (AI) to copy a person’s voice. The law, signed on March ...
Read More

Bill Proposes IP Protection for Golf Courses

Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act), which proposes amending ...
Read More

Let's work together.

Contact us to set up a meeting with an attorney or team member.

Stay Informed

Sign up to receive Patent Poetry—a monthly roundup of key IP issues in our signature haiku format. Four articles (only 68 syllables); zero hassle.

SECTORS

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

SERVICES

PROTECT

DEAL

DEFEND