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Design Patents: Does Primarily Functional Mean Not Patentable?

Introduction I wanted to take a minute to discuss Design Patents. A design patent protects an object’s design and appearance. A design patent does not protect, or even describe, any of the underlying functionalities of the object. It is somewhat of a known fact that design patents are easier to secure than utility patents. This is true in part because design patents focus on a particular appearance of the object. It is a lot less likely to replicate another’s design than it is to replicate functionality. For example, since toasters are known,…

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