a statue) or be separable from the useful substrate (e.g. Design patents, on the other hand, cover the ornamental aspects of functional items from being infringed.One does not have to show that the infringing item was copied from the original.An object with a design that is substantially similar to the design claimed in a design patent cannot be made, used, copied or imported into the United States.The copy does not have to be exact for the patent to be infringed. Design patents with line drawings cover only the features shown as solid lines. This is one of the reasons Apple was awarded a jury verdict in the US case of Apple v. Apple's patent showed much of their i Phone design as broken lines.Ornamental designs of jewelry, furniture, beverage containers (Fig.1) and computer icons are examples of objects that are covered by design patents.
Design patents are a type of industrial design right.Design patents are only granted if the design is novel and not obvious for all items, even those of different utility than the patented object.An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape.Design patents cover the ornamental nonfunctional design of an item.