Ornamental or functional? That's the critical question at the heart of design patent protection, and one that can make or break your intellectual property strategy. In this enlightening conversation with patent attorney Mario Milano, we unpack the often misunderstood world of design patents and how they differ from their utility patent counterparts.
Mario expertly guides us through the legal landscape, explaining how courts determine whether a product feature deserves design patent protection. Using real-world examples like the famous Traffics case (those springy construction signs you've driven past) and insights from Ethicon Endosurgery v. Covidien litigation, he demonstrates how seemingly subtle distinctions between ornamental and functional elements have profound legal consequences. His strategic advice on submitting multiple design embodiments reveals how expert patent practitioners think defensively to create comprehensive protection.
The conversation explores how different industries leverage design patents - from hardware manufacturers navigating standardized components to fashion designers protecting aesthetic choices, and even mature industries like bicycles where functional innovations are increasingly rare but design opportunities remain plentiful. Mario's practical tips on using professional draftsmen, maintaining confidentiality before filing, and understanding the 17-year protection period without maintenance fees provide invaluable guidance for creators and businesses. Whether you're developing consumer electronics, industrial equipment, or fashion items, this episode delivers essential insights for protecting what makes your products visually unique in the marketplace. Have questions about your own intellectual property needs? Remember that Mario offers free consultations to help determine the best protection strategy for your innovations.