The Power of Design Patents

(62) Design patents are the little known and seldom called upon cousins of the much more popular utility patents that we think of when referring to patent protection. However there are many unique characteristics of design patents that can make these protections a powerful complement to your patent portfolio, as well as a very good value for entrepreneurs and businesses that are consumer facing. This video explores this interesting and at times confusing topic. Enjoy!
#patentattorney #designpatents #ip
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This Channel provides ideas and education for Entrepreneurs and other Creative Visionaries. Topics in these videos include intellectual property, patents, trademarks, copyrights, trade secrets, licensing, and general business practices.
John Ferrell is a founder and patent attorney at the Silicon Valley law firm of Carr & Ferrell. The author of two books and a growing UA-cam channel on Intellectual Property, John’s passion for creating and protecting intellectual property is reflected in his representation of many of the world’s most important companies and inventors - some 5,000 so far. Founded in 1992, Carr & Ferrell has filed more than 10,000 patent applications covering nearly every imaginable technology.
Representative clients have included: 3Com, A10 Networks, Analogix, Apple Computer, Ariat, ASG Technologies, Atmel, Autodesk, Bank of America, Broadcom, Cadence, Canon, Caterpillar, Charles Schwab, Cirrus Logic, Cisco Systems, CSX, Dreamworks, Elasticsearch, Epson, Facebook, FireEye, Fonality, Fujitsu, Hewlett Packard, Hitachi, Icon Aircraft, IDEO, Intuit, Intuitive Surgical, KLA-Tencor, Knowles, Kodak, Lam Research, Lockheed, LSI Logic, Lucent, Marvell Technology, Mitsumi, Netgear, Olivetti, Oracle, PeopleSoft, Polycom, Philips, Plantronics, Princess Cruise Lines, Proofpoint, Rambus, Raytheon, Ricoh, Rohm Semiconductor, Ruckus Wireless, SDL, Seagate, Sega, Seiko Systems, Silver Peak, Sonos, Sony, Sun Microsystems, Sutter Health, Swagelok, Synnex, Synthetic Genomics, Technogym, The Ferrero Group, Trend Micro, Urban Outfitters, VIA Technologies, vArmour, Veritas, VMware, Wells Fargo, Western Digital, and Xilinx.
Distinguished by his demonstrated technical and legal expertise, John has been noted in the Silicon Valley Business Journal list of Who's Who in Silicon Valley and Northern California's Super Lawyers. He was also listed by the Los Angeles Daily Journal as one of California's top Rainmakers, by San Jose Magazine as one of Silicon Valley's top Legal Eagles, and by San Francisco Magazine as one of Northern California's top lawyers. Additionally, under his leadership, the firm has been recognized by Corporate Counsel Magazine as a Go to Law Firm for Intellectual Property. John has received an AV® Peer Review Rating from Martindale-Hubbell® (a representation of the highest level of professional excellence). Over the past three decades, John has presented on and spoken about patent and intellectual property issues, both legal and technology business forums around the globe.
In addition to practicing law, John is an active technology investor and member of The Band of Angels, Silicon Valley's oldest seed fund organization.
Please note that this Channel provides general legal and business information for education purposes only and is not intended to provide legal advice or create an Attorney-Client relationship. John Ferrell is admitted to practice law in California, before the USPTO (U.S. Patent and Trademark Office), before various U.S. Federal District and Appeals Courts and before the Supreme Court of the United States.
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If you wish to speak with an attorney about patents, call: 650 - 812 - 3408 or send an email to [e-mail].
John Ferrell, Esq.
[e-mail]
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402

[@johnferrellesq.]

Speak With an Attorney: call 650 - 812 - 3408 or email [e-mail]
Send an email to [e-mail] to subscribe to our newsletter!

[@myecoates5080]

This gives me life!!! Thank you for sharing all this goodness! ❤

[@BallyBoy95]

The Ordinary Observer Test sounds rather fair to be honest. I'm all for it. Thanks for introducing me to this technicality.

[@EvolvedBonobo]

Nice video. Thank you!

[@johnferrellesq.]

Thank you @EvolvedBonobo!

[@609_]

I'm so happy I found you in this process.

[@johnferrellesq.]

Thank you for the nice comment. ‘So glad that your are part of my community. Warm wishes for great success. -john

[@monunisha44]

great video

[@johnferrellesq.]

Thank you! -j

[@monunisha44]

nice 👍

[@johnferrellesq.]

Thanks

[@evandavis7582]

Hi John, thanks for the awesome videos! 😊 Can I get a design patent for a product that already exists, but it's in a different industry?
If so, will it provide protection?

[@johnferrellesq.]

Design patents cover the ornamental features of a product and not the utility, so it doesn't matter how the product is used. Also, since only the original inventor can get the patent, you can only get design patents on industrial designs that you have created. Did you create the original design on the existing product? -john

[@evandavis7582]

Thanks for the reply John, very insightful! 👌 I'm not the original inventor, however I have made modifications to it so it works for my industry. The modifications don't dramatically change the ornamental appearance though.
So does this mean I'm not able to get a design patent for it?

[@johnferrellesq.]

@@evandavis7582 If the ornamental look is the same then you are not eligible for a design patent. However, if you have modified and improved the original invention, then you may be eligible for a utility patent on the improvements. Please let me know if you would like to schedule a consultation with one of our patent attorneys. Thank you, again, for watching. Warmest regards, -john [e-mail]

[@evandavis7582]

@@johnferrellesq. Thanks so much for your reply! ☺️

[@mchandra2994]

Does the design patents protect in situations where the accused product slightly alters the design but at its core it is similar to the patented design.

[@johnferrellesq.]

Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially similar to a patented design to the eye of an ordinary observer. If the altered design is still substantially similar then there is a good chance that it would infringe. -john

[@mchandra2994]

@@johnferrellesq. Thank John, for your kind response. Is there any other parameters to judge other than ordinary observer method

[@johnferrellesq.]

@@mchandra2994 This is the test used in many countries throughout the world. It is a bit vague, but it is this vagueness that makes infringing a design patent so risky. Let me know if you would be interested in consulting with a patent attorney about a possible design-around you may be considering; I would be happy to help you arrange for a consutation ([e-mail]). Warmest regards, -john

[@mchandra2994]

@@johnferrellesq. I will soon contact you John

[@JoJo-vi6xx]

@@johnferrellesq.hello I am in NY and I contacted a patent lawyer for a hat design and the explanation was horrible so I’m seeking new advice. Do you work with people in other states for consultation?
Edit: just like this comment I am also scared that my idea with be copied even slightly. I’m trying to see if it’s even a good idea as I see no one else on the market with this

[@ericberku7073]

Hi John how long does it normally take to receive an expedited design patent ?

[@johnferrellesq.]

Hi Ericberku7073, thank you for the comment and for watching my video. Design patents can issue very quickly (six months or even less) if there are no issues with the drawings. However, not infrequently the examination will turn up problems with the patent figures, causing back and forth delays to get the drawings corrected. The patent office is showing an average of about 20 months from filing to issue, but this reflects the fact that many design patents require drawing fixes. Work with a professional patent draftsman on your figures and you can often avoid problems during examination. Hope this helps.
-john

[@ericberku7073]

@@johnferrellesq. Thank you very much john I really appreciate your answer
All the best