Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: ferris on July 31, 2017, 07:47:32 PM

Title: Design Patent Question/Advice
Post by: ferris on July 31, 2017, 07:47:32 PM
Hello! Now for this I will substitute key words otherwise it's exactly to the T, sound good? :)

Now say, No one invented a cell phone case yet, and you decided to file a design patent and sell your idea. Would there be a point to filing, since the phone will change sizes in the future anyways?

This is my situation obviously with another product, but I don't know whether I should go for design or not. Thank you.
Title: Re: Design Patent Question/Advice
Post by: Brad on August 01, 2017, 08:36:09 AM
Usually exact sizes and dimensions will not matter as long as the layout, shape, curves, edges, etc. all look the same as in your patent.

Title: Re: Design Patent Question/Advice
Post by: Feras on August 01, 2017, 11:17:59 AM
Hello Brad, thank you for replying. I had one follow up question. I just realized there is something unique about my design, but how do I determine if it is more of a design patent or utility? It would be hard to describe openly on forums of course, so that would be the better question.
Title: Re: Design Patent Question/Advice
Post by: Brad on August 01, 2017, 02:27:50 PM
It could be both.

If it functions in a new/different way then it would be more of a "utility" patent.   For example, if you invented a new iphone case that had a neat wavy pattern to it but worked the same as other cases the only unique thing about that would be the way it looks so a "design" patent would be your only options.

However, if your case also had a fold-out section that you could use to stand the iphone up on its side that may be a new and different function for the case so a "utility" patent would be best.