Design Patents

What are the differences between a utility patent and a design patent? Utility patents grand an inventor limited monopoly over new functional innovation, or invention, for a term of 20 years from the date of issuance. Whereas design patents, grant a limited monopoly over an original ornamental design of an article they manufacture. This type of patent goes for a term of 15 years from the date of issuance.

From the CLE class: Fashion Law Basics: The Lawyer Wears Prada

Patrick McKey
has a practice that concentrates primarily on complex commercial litigation and international business disputes, as well as corporate counseling. For over 10 years, he has represented a range of clients in the fashion industry, including Bruno Magli, Coach, Dana Davis, Giuseppe Zanotti, Harajuku Lovers, Italian Ready to Wear (“IRTW”), Kid Robot, L.A.M.B., Oilily and Vicini. He has represented many of these clients in all aspects of their operations, from intellectual property and licensing issues to commercial litigation, contract negotiations, and import/export issues.

Maria Vathis has a broad range of experience defending corporate clients in complex business litigation matters, insurance coverage, and class actions involving alleged violations of federal statutes, including the Telephone Consumer Protection Act. Ms. Vathis has represented financial institutions, investment firms, law firms, brokers, attorneys and other professionals. She handles matters nationwide in federal and state courts.

In this CLE class clip, Patrick and Maria discuss Design Patents.

Check out the complete CLE class video, presented by Maria Vathis and Patrick McKey discussing Design Patents.

Watch the Full Fashion Law Basics: The Lawyer Wears Prada CLE Class

Design patents can cover ornamental designs over items such as: eyeglass frames, handbags, jewelry, and footwear. In addition, design patents offer protection based only on the pictured designs in the patent.

For more information on design patents, check out the complete CLE class video, presented by Maria Vathis and Patrick McKey.