Design Patents

Although the requirements for design patents differ from that for utility patents, and aren't as common in litigation, no patentability blog would be complete without at least a mention of these types of patents. I've found some articles that discuss the basics:

The USPTO FAQ About Design Patents:

In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.

Design Patents, from BitLaw:

An application for a design patent is much simpler than that for a utility patent. The specification is short and follows a predefined form. Only one claim is permitted, and it also must follow a specific form. The drawings in a design patent are similar to those in a utility patent, except that design patent drawings are created to show the ornamental features of the invention rather than its utilitarian aspects.

What Are Design Patents and When Are they Useful, from the Journal of the Minerals, Metals, and Materials Society -- (note that this is a 1993 article, but it still provides some good information on design patents):

A design patent may be issued for ornamental configuration, surface decoration, or both. It must be issued for an article, however. It is also important that the design be repeatable. For example, in a case where a company had a unique method for applying a decorative coating to wallpaper to create a cloudy appearance, a design patent was refused. The basis for the refusal was that the design was not repeatable. Protecting all designs created by the process would have essentially protected the decorating method itself. Methods cannot be protected by design patents.