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Old 08-03-2012, 08:02 AM   #25
5thWiggle
Benevolent Evil Lord
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Join Date: Jan 2011
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Quote:
Originally Posted by Top100EbooksRank View Post
So design patents for electronics is a new thing:



Do Televisions, computer, laptop or even cars have design patent? (rounded corner, rectangle shapes or whatnot...)
In 2007, Ford blocked imports of replacement grills etc. because they were the same design as ones Ford had a design patent on.

Design patents have been around for a long time, and yes, anything manufactured or invented can have a design patent. See here. Interestingly, the first US design pantent issued (in 1842) was for a font.

Design patents are for ornamentation or style of a functional object in a particular context. For instance, I could design a TV, slap a pair of angel wings on it, and get a design patent. I could stop others from producing TVs with angel wings (and possibly monitors, tablets and digital picture frames) because the angel wings are the ornamentation or style, while TV or digital display are the context. I could not stop someone from selling sofas with angel wings, that would be out of context. The context is almost as important as the design. You can get a design patent on a computer icon, lets say a pencil icon for edit. The context is a computer UI, so you could stop MS or Apple from using a pencil icon of the same or similar style in Windows or OSX. The computer UI as a context is new to design patents.

BTW, IANAL. My understanding of design patents comes from the days when I used to dabble in lutherie (musical instrument making). Several custom guitar makers I know got cease and desist letters from Fender for making Stratocaster look-a-likes.
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