A design patent only protects the outer form of a product and not how it performs. The outer form may be in the nature of shape or structure or surface decoration like patterns or textures applied to an article. The design patent in the United States is awarded a term of 15 years from the granting date. This protection essentially bars competitors from reproducing these features and making a fortune off another person's creative effort. The holder is also exempt from having to pay maintenance fees to keep the design patent in force.

Such rights given by design patents bestow exclusive rights upon the inventor while at the same time restraining other parties from making, selling, or importing products having a design similar to the patented design. This protection is designed to prevent the competitive world from duplicating or utilizing the unique design of the creator so as to allow the patentee to reap the reward of having a novel-looking creation.

Importance of Conducting a Design Patent Search

It is important to conduct a design patent search before the filing of an application for a design patent is very significant. The exercise facilitates the discovery of any design already in existence that might resemble the product design. The search is important in the sense that the likely similarity in design to an already existing one so called as prior art may lead to rejection of the application for the new patent. Additionally, it helps companies to steer clear of violating other parties' patents.

Furthermore, by scrutinizing existing patents, one can recognize any possible conflicts with their design and undertake measures prior to the launch of their product. Consequently, identifying prior art through meticulous searching constitutes an essential step.

There are two basic criteria for accessing patentability i.e. Novelty and Non-obviousness.

Steps to Conduct a Comprehensive Design Patent Search

1. Specify the Search Terms.

Classification of Product: The very first thing in conducting a design patent search is to determine the classification of the design or product. For example, USPTO has a system of classification to classify design patents within it while WIPO utilizes Locarno Classification system.

Comprehension of classification is key since the applicable class allows an individual to focus on the patents best likely to look like the design in question. Without adequate classification, chances are that time is spent on the examination of irrelevant patents.

Major Design Elements

For the purpose of exhaustive search, you are required to indicate the characteristic features of your product. That is to say features such as configuration, Surface Ornamentation, Aesthetic Elements etc.

This will be helpful in refining your search and comparing patented inventions to your design more effectively.

2. Employing Patent Databases

To search design patents, several patent databases may be used. For instance, USPTO (offers US design patents), WIPO (offer trademark and design from several nations), Espacenet (the database offers design patent registered in Europe).

3. Search Non-Patent Literature

Aside from patent database searching, searching non-patent literature is just as vital. Not all related design is patented; a lot of design are in the public domain but never been legally patented and hence these are still considered to be prior art. Non-patent literature is comprised of industry publications and design publications and industry reports.

Further, some online sources shall be very useful in acquiring design information, such as Google Images, Pinterest, industry forums, and Google Patents.

4. Search Result Analysis

Upon collation of all search results after the conduct of diverse search procedures, the subsequent stage is to analyze and contrast your design with the identified prior art. First and foremost is to consider the general visual perception and then an intensive scrutiny of individual decorative elements.

5. Get Professional Assistance

As design patent searching is often highly technical and juristically complex in nature, it is often best to consult with a patent attorney or a reputable patent search company.

Understanding Design Patent Infringement

Design patent infringement is when an individual not authorized to do so produces, employs, sells, or brings into the nation a product whose design is very close to a patented design all without the consent of the patent owner. The key legal standard in establishing infringement is if an average individual, an individual with general knowledge in the design community but not necessarily an expert, will be mistaken believing the disputed design to be identical to the patented design.

The main aspects involved in the legal frameworks are:

• Substantial Similarity
• Ordinary Observer Test
• Familiarity with Prior Art
• Actions Constituting Infringement

A high-profile cases of design patent infringement involved Apple Inc. and Samsung Electronics Co. in 2011 is one of the best example of the application of design patents and the complexities of determining infringement.

Conclusion

The conduct of adequate design patent searches is essential to the protection of intellectual property and the avoidance of costly infringement litigation. Systematic searching of patent databases, non-patent literature, and registered design is how inventors check their ideas are novel while resolving potential differences. Pre-filing searches, active tracking, and competent legal guidance comprise the foundation of an effective design patent strategy and thus empower creators to capitalize on their unique visual forms while respecting existing patent rights in the marketplace.