A design is visual decorative characteristics built-in inside, or applied to, an article of manufacture. A design for the external ornament is inseparable from the article to which it is applied and cannot only exist. It must be a definite model of the external ornament, applied in an article of manufacture. The United States brevettent and the office of registered trademark (USPTO or office) examines applications and grants the patent of design on inventions when the applicants are entitled to them. The substantive patent law grants the patent of design to any person who invented very new, to the original and the decorative design for an article of manufacture. A patent of design protects only the aspect from the article and the nonstructural or utility devices.
Types of the designs and modified forms
A decorative design can be includes the whole article or only part of an article, or can be ornament applied in an article. An application of patent of design can only have one complaint simple. Conceives which is independent and distinct must be classified in applications of separate patent of design since they cannot be constant by a simple complaint. The designs are independent if there is no apparent relationship between two articles or more. Designs are considered distinct if they have different forms and aspects though they are the relative articles. However, of the modified forms, or incorporations of a concept of construction simple can be classified in an application of patent of design.
The difference between the design and the patents in utility
The patent of service protects the manner that an article is employed and functions while a patent of design protects the manner of the glances from an article. The utility and the patents of design can be obtained on an article if the invention lies both in its aspect of service and decorative. While the utility and the patent of design have the means protection legally separate, the utility and the ornamentality of an article are not easily separable. The articles of manufacture can have functional and decorative characteristics.
Elements of an application of patent of design
The elements of an application of patent of design should include what follows:
(1) preamble, stating the name of the applicant, the title of the design, and a short description of nature and envisaged use of the article in which the design is built-in;
(2) correspondence with the relative applications (unless included in the data sheet of application).
(3) report/ratio on the research or the development fralement active.
(4) description of the figures of the diagram;
(5) description of device;
(6) a simple complaint;
(7) diagrams or photographs;
(8) oath or declaration carried out.
Moreover, fees of classification, the fees of research, and the fees of examination are also required. If the applicant of patent of design is a small entity like an independent inventor, a preoccupation with a small company, or a non-profit organization, these fees are reduced per half