How Are Design Patents Different From Other Patents?
Design patents are a relatively recent type of patent that protects non-utility inventions, such as the creative or decorative elements of manufactured items. Design patents usually apply to design elements of a thing that are non-functional, and thus not eligible for a utility patent, but that also wouldn’t necessarily be eligible for copyright or trademark protection. In some cases, designs that may be eligible for design patent may also be eligible for copyright or trademark protection as well, but the design patent adds an extra layer of protection for the inventor seeking damages for infringement of the design. A design patent...
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