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A design patent is a patent given to a person based on the ornamental design of an invention. Some examples of design patents would be jewelry, furniture, beverage containers and computer icons. The shape of a product is considered an identifiable factor and therefore may be protected with a design patent as a trademark. A design patent protects another party from making, selling or using a product under the protection of a design trademark.
A design patent may be infringed if another party uses a similar container or a shape of an object without authorization. If the design infringed by another party causes confusion, or deception among consumers, it is unlawful. Design patents do not protect an invention; they only protect the ornamental design of the item. Only what is shown in the drawings of the invention are protected, not the way it works or the interior.
A design patent lawyer has experience in dealing with and enforcing design patents. An attorney knows how to make the most of a design patent. They can help shorten the time it takes to get a design patent by consulting with the U.S Patent and Trademark Office. A design patent lawyer can also help broaden the scope of a design patent, in order to prevent knock-offs.
If you need a design patent lawyer to file a design patent, Attorney Search Network can refer you to a design patent lawyer who can help you.
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