Application Letter For A Design Patent

1383 Words6 Pages
on April 15, 2011. Appel made national headline when they accused Samsung of infringement on three of their design patent. Sparking a national debate about infringement and kick starting the patent wars. but what exactly is a design patent and why should we care? In this paper, I hope to inform the reader on what a design patent is, what is the use of a design patent, the requirement of obtaining a design patent, and a look into the ethical issue surrounding patent assertion entities before we can talk about what a design patent is, we first must know what a design is. According to the united states patent and trademark office(U.S. Patent and trademark office. Design patent application guide.2009.web
), A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. A design could relate to the shape and proportion of an article, the surface of an article or a combination of the two. For instance, a Donald duck telephone would be an example of a design related to shape and proportion, and a picture of a race car used as a watch face is an example of a surface design. A patent is a property right to an inventor. patents grant the right to exclude others from making, using, offering for sale, or selling” an invention in the United States or “importing” the invention into the United States.
To obtain rights to a design patent, an applicate must meet three requirements. The design patent must be a patentable subject, it must be
Get Access