Patent Attorneys – Cooper IP
What is the difference between a Utility Patent and a Design Patent?
In general terms, a “utility patent” protects the way a product is used and works, while a “design patent” protects the way an article looks. The unique appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both. Cooper IP, your design patent attorneys will help you protect the appearance of your new product with its design patent registration.
To protect articles with a new and distinctive visual appearance, a design patent registration is highly effective. Clients in the General consumer products and apparel fields use the protection of design patents frequently. The same accounts for producers of sports equipment, packaging, hardware and fasteners, medical devices and automotive equipment and accessories.
Without the patent owners explicit permission or license the following privileges apply:
It is strictly prohibited to make, use, import or, most importantly, copy any article that is substantially similar to the protected design. The wording, “substantially similar” is noteworthy, since the meaning is, that to infringe on a patent, a copy does not have to be exact, it only has to be substantially similar to the original.
Cases like those of Apple v Samsung have, for instance, clearly demonstrated the high value of design patents. However, Design Patents are not measured based on the utility of the designs to which they are directed which leaves a possible grey area. To be clear, it is very difficult to determine, how to measure the non-obviousness of an ornamental design. In conclusion, it is very important to engage the services of a competent, professional design patent attorney, but. make sure your design patent attorney is registered with IPTA
At Cooper IP we have vast experience with design patent registrations. Therefore, we can protect your research and development while preventing imitations from riding on the wave of your investment. Cooper IP will be by your side from the beginning to the conclusion of the process.
Cooper IP your IPTA registered Design Patent Attorneys
for Melbourne & Tasmania