The correct spelling for the protection of an invention's aesthetic design is "design patent." Design patent is spelled as /dɪˈzaɪn ˈpeɪtnt/, with the stress on the first syllable of "design" and the second syllable of "patent." The word "design" refers to the visual characteristics, while "patent" means the legal right to exclude others from making and selling the design for a period of time. Understanding the correct spelling of "design patent" is important for those who want to protect their creative ideas.
A design patent refers to a type of legal protection granted to the visual, ornamental, or aesthetic aspects of an invention. It is a form of intellectual property that safeguards the unique, non-functional appearance or design of an object. Unlike utility patents, which protect the functional aspects of an invention, design patents protect the non-utilitarian elements, such as shape, configuration, pattern, color, or surface ornamentation.
The purpose of a design patent is to prevent others from making, using, selling, or importing a product with a substantially similar design without obtaining permission from the patent holder. Design patents provide exclusivity, allowing inventors or businesses to have a monopoly over the visual characteristics of their products for a specific period of time, typically 15 years in the United States.
To obtain a design patent, an applicant must demonstrate the novel and original nature of the design. Unlike utility patents, design patents do not require a demonstration of the invention's functionality or technical innovation. The main focus lies on the aesthetic appeal and the distinct visual features of the design.
Design patents serve to support innovation and foster creativity in various industries, including fashion, industrial design, consumer electronics, and automotive design. They provide legal protection for inventors and businesses against potential infringements, safeguarding their investments and encouraging further advancements in design-oriented fields.
The term "design patent" is made up of two key components: "design" and "patent".
The word "design" originated from the Latin word "designare" meaning "to mark out" or "to point out". It entered the English language in the 16th century with the meaning of "a plan or scheme formed in the mind". Over time, it evolved to also refer to the art or process of creating a plan or specification for the construction of something.
The term "patent" comes from the Latin word "patentem" meaning "to lay open" or "to make accessible". It was used in the sense of an "open letter" or "official document granting exclusive rights" since the 14th century.
The specific combination of "design" and "patent" emerged in the field of intellectual property law in the United States in the 19th century.