
Here’s a Petrifying Patent Fact: For protecting a product, most people only think of utility patents, which protect how something works. But there's also a powerful tool for protecting how it looks: the design patent.
A Design Patent protects the ornamental appearance of an article of manufacture. Think of it as a blueprint for the eye.
• What it Protects: The specific shape, configuration, or surface ornamentation of a product. It's purely aesthetic, not functional.
• The Power: It gives you a 15-year monopoly to prevent others from making, using, or selling a product that is "substantially similar" to your patented design.
• The Advantage: You can get this protection early. Since design patents don't require proof of marketing success, you can file the application before your product even hits the market, giving you a strong, 15-year head start.
• The Catch: It expires. After 15 years, the ornamental design enters the public domain.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
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