Legal Definitions - design patent

A design patent is a type of patent that protects the ornamental design of an article of manufacture. Unlike a utility patent, which protects the functional aspects of an invention, a design patent only protects the non-functional, decorative aspects of a design.

For example, a design patent could be granted for the unique shape or pattern of a piece of jewelry, a chair, or a smartphone case. However, it would not protect the functional aspects of these items, such as the materials used or the way they are assembled.

In order to be granted a design patent, the design must be new, original, and ornamental. This means that it must not have been obvious to someone with ordinary skill in the relevant field at the time the design was created.

Design patents are limited to the specific design that is shown in the patent application. They cannot include claims to the functional or structural aspects of the article of manufacture.

Infringement of a design patent occurs when another design is substantially similar to the patented design and would induce an ordinary observer to purchase it, believing it to be the same as the patented design.

For example, in the case of Samsung Elecs. Co. v. Apple Inc., Apple sued Samsung for infringing on its design patents for the iPhone. The jury found that Samsung's smartphone design was so similar to the iPhone that an ordinary observer would be deceived into thinking they were the same. As a result, Samsung was found to have infringed on Apple's design patents and was ordered to pay damages.