What is a utility patent?

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19th Nov 2009 by Tobias John Sterling

'Utility patents' can be thought of as the 'ordinary' type of patent. They are based on the function or use of an invention. 'Design patents', in contrast, are based on and protect only the ornamental (that is, nonfunctional) design of an invention. The classic example of a design patent is the one granted on the shape of the original Coca-Cola bottle. Design patents are similar to copyrights, but an important distinction is that a design patent can be infringed even if the same or a similar design was arrived at totally independently of the one already in existence -- there's no need to show that the patented design was copied. Like utility patents, design patents prevent others from making, using, copying or importing the invention into the jurisdiction. While utility patents are generally valid for 20 years, design patents are valid for only 14.

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28th Oct 2009 In Legal 1 Answers | 622 Views
Subjects: patent, utility patent,

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