We recently posted about the 1 Millionth design patent issued by the USPTO. In that post, we briefly explained that a design patent “protect[s] the look or design of an invention rather than the way the invention works.” On the other hand, a utility patent protects the way an invention functions.
To illustrate that point, below are two patents which both have a Halloween theme.
The first is a design patent, US D976749, issued January 31, 2023 and titled HALLOWEEN INFLATABLE PUMPKIN DECORATION. (Note the number of the design patent, 976,749, is approximately 23,000 issued patents away from the 1-millionth that was issued on September 26, 2023.)
The Halloween Inflatable Pumpkin Decoration patent protects the specific design shown below:
As you may know, there is only a single “claim” in a design patent. Here, the invention claimed is “the ornamental design for a halloween inflatable pumpkin decoration, as shown and described.” The remainder of the patent consists of drawings of different angles of the same design, such as:
The only thing protected by the above design patent is the specific design of the shapes and characters shown in the drawings. No matter how the inflatable scene is produced by a competitor – i.e. the materials used, colors, inflation method, etc. – infringement may be found if the competitor’s product looks like the claimed design.
Conversely, a utility patent protects the way in which an invention works, regardless of how the resulting product might look. For example, utility patent US 11,034,186 is titled PUMPKIN DISPLAY SYSTEM AND METHOD. It, too, contains drawings of the invention, however, the claims in the patent are not directed toward the way the invention looks. Rather, the claims relate to the manner of operation for a system for supporting a pumpkin. The inventor summarized the invention as:
A pumpkin display system including a plurality of legs , a central hub and a pumpkin . The central hub has a plurality of apertures formed therein . Each of the apertures is adapted to receive an end of one of the legs to form a pumpkin display . The pumpkin is placed onto and is supported by the pumpkin display to form the pumpkin display system.
Claim 1 of the invention is:
A pumpkin display system comprising:
a plurality of legs;a central hub having a plurality of apertures formed therein, wherein each of the apertures is adapted to receive an end of one of the plurality of legs to removably attach the plurality of legs to the central hub and form a pumpkin display; anda pumpkin placed onto and supported by the pumpkin display to form the pumpkin display system, wherein at least one of the legs flexes when the pumpkin is placed on the pumpkin display and wherein flexing of at least one of the legs causes the plurality of legs to contact the pumpkin; wherein central hub further comprises an upper surface, a lower surface and a side surface that extends between the upper surface and the lower surface and wherein the plurality of apertures are formed in a side surface of the central hub, wherein the upper surface, the lower surface and the side surface are unitary.
What does all of that technical language describe? Here is one embodiment of the invention:
And here are additional drawings of the invention without the pumpkin placed into it:
You can read Claim 1 from the utility patent and see how the invention depicted in the images “read on” to the Claim. For example, we see the central hub and the legs extending from it. Interestingly, the claim requires that at least one of the legs flexes such that it causes the other legs to touch the pumpkin, presumably to cradle it.
Now, notice how Claim 10 is drafted (emphasis added):
A pumpkin display system comprising:
a plurality of legs;a central hub having a plurality of apertures formed therein, wherein each of the apertures is adapted to receive an end of one of the plurality of legs to removably attach the plurality of legs to the central hub and form a pumpkin display; anda pumpkin placed onto and supported by the pumpkin display to form the pumpkin display system, wherein the central hub is fabricated from a material that flexes such that an orientation of the legs with respect to the central hub changes when the pumpkin is placed on the pumpkin display and wherein flexing of the central hub causes the plurality of legs to each contact the pumpkin; wherein central hub further comprises an upper surface, a lower surface and a side surface that extends between the upper surface and the lower surface and wherein the plurality of apertures are formed in a side surface of the central hub, wherein the upper surface, the lower surface and the side surface are unitary.
At first glance Claim 10 appears very similar to Claim 1. However, we see that Claim 10 is directed to the central hub flexing and causing the legs to contact the pumpkin. Claim 1 involved the legs flexing to cause the pumpkin to touch them. Again, the inventor is claiming the manner in which the invention works and not a specific shape or design.
In fact, utility patents contain different “embodiments” of an invention to show how different configurations can still fall under the claims. A skilled patent practitioner, such as those at Beusse Sanks PLLC, will be able to counsel you on similar opportunities to potentially claim different embodiments of your invention that you may not have even considered, resulting in a more robust patent.
Both the design and utility patents presented above are not particularly complicated. One does not need to be Albert Einstein or Thomas Edison to be an inventor and patent owner. No engineering degree is required to invent a patentable article. Many patents are issued to everyday people who noticed a problem, and they had an idea to fix it.
If you noticed a problem and came up with a solution, you should consult an IP attorney as soon as possible to craft a plan to protect your idea. It may be that trade dress, copyright, and patent protection is available. Or, it may be that someone else has invented something similar such that your invention is not patentable absent significant modifications. Hiring an attorney who can guide you through multiple avenues of protection is one important step in providing you with strategic IP solutions and not merely IP services.
Call or click here to get started on protecting your IP today.
