View source for Design patent

A '''design patent''' gives legal protection to the ''design'' of a product, in contrast with a "[[utility patent]]," which protects a useful innovation.

The value of design patents was shown in a spectacular manner by a billion-dollar verdict in favor of [[Apple Computer]] against its rival [[Samsung]], based on three design patents owned by Apple (as well as three utility patents).  [[Steve Jobs]], contrary to conventional wisdom, was a big believer in obtaining and trying to enforce design patents.  This verdict has not yet been tested on appeal.

== Background ==

Although the ability to apply for design patents has existed since the 1800s, this  type of patent was disfavored in the 1900s in favor of other forms of [[intellectual property]], such as [[trade dress]].  But in 2008 a decision by the U.S. Court of Appeals for the [[Federal Circuit]], which set the precedent for patent law nationwide, increased the strength of design patents by weakening the testmaking the test whether an average person would mistake a rival product for a product that has a patented design.<ref>[http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2011/12_-_December/EgyptianGoddess.pdf Egyptian Goddess decision]</ref>  If that easy test is satisfied, and the design patent is valid and its holder may try to enforce it.

== References ==
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[[Category:Intellectual Property]]