Design Patents: Don't Overlook Their Potential Value

Contrary to popular culture, patents are not limited to the functional, utilitarian, or scientific aspects of a product. In fact, design patents, although often overlooked, can be a tremendous, cost-effective asset to many companies IP portfolios. Despite the fact that design patents last only fourteen years from the date of issuance, they can provide businesses with invaluable time to build their products and brands at a relatively low cost. Indeed, design patents provide a number of strategic advantages: (1) the great majority of design patent applications are granted and their cost is relatively low; (2) few design patents have been invalidated in recent years; and (3) design patents provide valuable flexibility for patentees seeking to exploit proprietary rights.