In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional article. Design patents are a type of industrial design right. Ornamental jewellery designs, furniture, beverage containers and computer icons are examples of objects that are covered by design patents. A similar concept, a registered design can be obtained in other countries. In Kenya, Japan, South Korea and Hungary, industrial designs are registered after an official search for novelties. In the European Community countries, only an official fee should be paid and other formal registration requirements (eg EUIPO, Germany, France, Spain) should be met. For WIPO Member States, coverage is obtained through registration in WIPO and examination by Member States designated in accordance with the Geneva Act of the Hague Agreement.
Notable design patents
In 1842, George Bruce was awarded the first design patent, US patent D1. The design patent was for a new source.
• In 1879, Auguste Bartholdi obtained design patent D11.023 for the Statue of Liberty. This patent covered the sale of small copies of the statue. Proceeds from the sale of the statues helped raise money to build the entire statue in New York Harbor.
• In 1919, three design patents were awarded for the American Legion badge, US Patent D54,296; The American Legion Women's Auxiliary badge, U.S. Patent D55,398; And the insignia of the Sons of the American Legion, US Pat. D92.187. The original terms of these patents should have expired in 1933, but Congress has continually extended its protection. The patents were extended for an additional fourteen years by an amendment to the National Defense Authorization Act in 2007 that was approved by the Senate on June 22, 2006.
• In 1936, Frank A. Redford received the US patent D98.617 by the Wigwam Motel.
• Apple Inc. has several patents related to the design of the smartphone line for iPhone and related products.
Patents
Patents protect concepts, manufacturing methods and how a product works. An advantage of patent protection is that a patent can protect a product regardless of the appearance of the product, thus giving more protection than a design register.There are strict criteria that must be met before a patent is granted, including a search and examination process. In addition, certain inventions are excluded from being patented. Thus, while a patent gives the broader protection, obtaining a patent can be a relatively long, complicated, uncertain and costly process.