Design Patent Examples
Design Patent Example – One-Way Flow Valve Insert – U.S. Patent No. D919058
One-way Flow Spout Insert– Abstract: The one-way flow spout insert is a distinctive one-way flow device insertable into a valve, spout, straw, stem, or tube which may be attached to a liquid containment vessel.
Design Patent Example – Gun Grip Storage Device – U.S. Patent No. D915540
Integral Firearm Accessory Having First Aid and Wound Care Capabilities– Abstract: The integral firearm accessory having first aid and wound care capabilities is a distinctive insertable device used for securing and carrying emergency first aid treatment in the handle or stock of a firearm.
Design Patent Example – Action Figure Attachment Band – U.S. Patent No. D923107
Attachment band – Abstract: The attachment band has a flat end on both ends of the device.
Design Patent Example – Sports Bottle – U.S. Patent No. D914512
Dumbbell Water Bottle– Abstract: The dumbbell water bottle is a distinctive dumbbell shaped water bottle.
Design Patent Example – Travel Bag – U.S. Patent No. D930982
Accessory Bag– Abstract: The Accessory Bag is capable of being folded over.
Eligibility for a Design Patent
Eligibility for a design patent is determined by the usual patentability criteria: patent eligible subject matter, usefulness, novelty, and non-obviousness. Each of these 5 design patents have patentability in common. You can click on each link above and view or download a copy (pdf) of the actual issued patent. Each of the above designs is considered new and non-obvious. This means each of these unique designs has a specific visual appearance that is different from anything that has been previously patented.
Eligibility for a design patent is focused on the unique ornamental appearance of the design. No function or use can be claimed in a design patent application. Any function or use cannot be protected by a design patent; that is what utility patents protect. The patentability of a design is evaluated during the first two steps to patent: the prior art search and patentability study. If patentable (the design meets the patentability criteria), a patent application can be written, filed, and prosecuted seeking notice of allowance and issue.
Design Patent Example of a Screwdriver
A new type of manual screwdriver could be protected by a design patent for its unique inventive ornamental appearance, but its use as a screwdriver would not be protected because everyone already knows (or readily can know) about screwdrivers. The screwdriver could be eligible for a design patent because of its unique and ornamental appearance such as a screwdriver shaped like your business logo. However, using your logo-shaped screwdriver as a screwdriver would not be protected by a design patent; and a utility patent for a manual screwdriver is not patentable because screwdrivers are already well-known.
Filing and Prosecution of a Design Patent Application
To receive a patent for your unique ornamental design, the same 5 steps to patent apply just like for a utility patent. The first step is to conduct a prior art search to determine if the design is new and non-obvious. Once it has been determined that the design is eligible for a patent, a patent application can be prepared and filed with the USPTO.
The design patent application must include drawings (figures) or photographs of the design as well as a written description of its key features. The USPTO will then examine the application to determine if the design is eligible for a patent. If there are any objections or rejections, the applicant must respond and address the USPTO’s concerns (patent prosecution).
You can find out more information about the design patent application process by checking out our what to expect in the design patent application process page
