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But what do to when you are an extremely creative person and came up with an idea to reshape or reconstruct an existing thing. How you will be able to mint money out of it and how will you protect it.
There comes a rescue for it in shape of DESIGN PATENT. Yes you are right even when you have reconstructed an existing thing in a whole new way even when it does not have a functionality but yes it is new and you may protect that thing under design registration.
Some famous Design patents, which were successfully able to monetize themselves, are LEGOS structure and monopoly game, Apple mobile box and its phone looks, Oh YES! STATUE OF LIBERTY to was awarded a design patent.
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Let’s understand what it means. Suppose you created a bottle which has a distinct creative cap and shape but you know that it cannot be protected under patents as it is not an invention. That means it lacks novelty, non-obviousness and inventive step.
But your newly created bottle design is extremely unique and attractive and therefore, it has got a unique selling feature and has a market for it and over the same you want to make money.
But as it is evident that other people might also come up with copies of your bottle design than it is obvious that your market will reduce and you will not be able to protect it. So to fight it out what’s need to be done.
Here comes design patent which essentially protects the design, look, aesthetic beauty or say appearance of the product.
So in case you create a unique shoe, bag, bottle, game etc which is unique in its appearance you may secure monopoly on it for period of five years by filing for a design patent.
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Design patent is a combination of patentand trademarkin a manner that design needs to be unique like patent but it secure monopoly only in a specific category like you have different classes in trademarks, wherein you get protection for your brand only in class you file it. Same is the case with design. In design also there exist categories in which you have apply protection for your product.
One amazing thing about design patent is, it is easy to secure and takes 8-10 months to get the final registration done. Unlike patent which takes 4-5 years minimum to secure grant if all goes well.
Design patent is one good option to secure monopoly in aesthetic product creation in fast and secure manner.