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Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Patent Bar Certified
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How do I patient simple Acrylic designs

Customer Question

How do I patient simple Acrylic designs
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 10 months ago.

Interesting question. I am a licensed IP attorney with over a dozen years of practice experience. I hope this message finds you well and it is a privilege to assist you today.

Based on what you have shared with me, it appears as though you need to be looking into design patents (not to be confused with a utility patent). This is the US Patent Office definition of a design patent:

In a design patent application, the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself. Ex parte Cady, 1916 C.D. 62, 232 O.G. 621 (Comm’r Pat. 1916). “[35 U.S.C.] 171 refers, not to the design of an article, but to the design for an article, and is inclusive of ornamental designs of all kinds including surface ornamentation as well as configuration of goods.” In re Zahn, 617 F.2d 261, 204 USPQ 988 (CCPA 1980).

The design for an article consists of the visual characteristics embodied in or applied to an article.

Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.

Design is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation. It must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method.

In the US, a design patent is a form of legal protection granted to the ornamental design of a functional item.

A US design patent covers the ornamental design for an object having practical utility. An object with a design that is substantially similar to the design claimed in a design patent cannot be made, used, copied or imported into the United States.

Based on what you have shared with me, it sounds like you need to be looking in the direction of a design patent for your acrylic designs.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 10 months ago.

Did you have any other questions for me? Thanks

Expert:  Delta-Lawyer replied 10 months ago.

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thank you.

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