Did you know you can file a patent application for a design? A design patent application may be filed for the “ornamental appearance” of an item which is unique and nonobvious. The legal term “ornamental appearance” is just a fancy way of saying the overall look or design of an item.
Does this mean you can file a design patent application for the appearance of a lamp? Yes, if the design of the lamp is new and nonobvious. Shoe companies file design patent applications all the time for the look of their athletic footwear. Tire companies file design patent applications all the time for the look of the tread on their tires. Auto manufacturers file design patent applications for the look of their cars and trucks, or parts of their cars and trucks. Electronics manufacturers file design patent applications for the look of their electronic devices.
You don’t have to be one of these major players to file a design patent application. Say for example, you come up with a new design for a garden hose reel. The utility of a garden hose reel is known, so you may not be able to file for a utility patent application unless you have a new way of operating the garden hose reel. But you may be able to apply for a design patent application for the appearance of the garden hose reel.
Some inventions may be protected by utility patent applications, design patent applications, and copyright. Be sure to discuss all available options with your patent attorney for help deciding how best to protect your invention.
