When people think of patents, things like technology, science
and engineering often come to mind. But design patents are a
different type of patent that intellectual property-focused luxury
brands should consider as an additional arrow in their intellectual
property quiver. Used wisely, design patents offer a powerful,
underutilized tool to protect luxury assets, deter copycats and
complement other rights in a company's IP portfolio.
What Are Design Patents?
A design patent protects the ornamental
appearance of an article of manufacture—not
its functionality. In other words, design patents safeguard the
aesthetic look of a product or even portions of a product.
Protectable aspects may include the product's shape,
configuration, surface ornamentation or a combination of these
features. And even if the overall shape of a product is not unique,
distinctive portions of the product may themselves be
protectable.
