Can I Patent an Ornamental Feature?

As an aspiring inventor or designer, you’ve poured your heart and soul into creating a unique and eye-catching ornamental feature that you believe will captivate the world. Now, the burning question on your mind is whether you can protect your creation with a patent. Please continue reading and reach out to Lemler IP to learn more about ornamental features and how a seasoned Orleans Parish, Louisiana intellectual property lawyer can guide you through the patent process.

What exactly is an ornamental feature?

Before diving into the patent aspect, you should first understand exactly what an ornamental feature is. An ornamental feature is a design element that primarily serves an aesthetic purpose rather than a functional one. In other words, it adds beauty, visual appeal, and artistic value to a product or object but doesn’t change its underlying function or utility. Ornamental features can range from intricate patterns and decorative motifs to unique shapes and color combinations, all of which elevate the appearance of the product. Some common examples of ornamental features that might be eligible for design patents are as follows:

• Intricate patterns on textiles or wallpaper
• Unique surface textures on ceramics or glassware
• Decorative engravings on jewelry or accessories
• Ornate carvings on furniture or wooden objects
• Distinctive shapes and contours of consumer products, such as smartphones, watches, and kitchenware
• Striking color combinations or color gradients on products and packaging
• Eye-catching logos and graphical elements integrated with and inseparable from the merchandise or article of manufacture

Can Ornamental Features be Patented?

The short answer is yes; you can obtain a patent for an ornamental feature. However, the type of patent you would apply for is a design patent, not a utility patent. Unlike utility patents that protect the functional aspects of an invention, design patents safeguard the unique and non-obvious visual appearance of an object.

To be eligible for a design patent, the ornamental feature must be new (novel) and not previously publicly discussed or patented, it must be non-obvious, and it must have ornamental significance, meaning it must be purely ornamental and not contribute to the object’s functional aspects or essential purpose. The ornamental feature may be embodied in the entire article of manufacture, just a portion of the article of manufacture, or an ornamental design applied to the article of manufacture.

How can an intellectual property lawyer help me patent an ornamental feature?

Navigating the intricacies of obtaining a design patent for an ornamental feature can be daunting. That’s where an experienced intellectual property lawyer becomes your greatest ally. A skilled attorney can assist you in the following ways:

• Conducting a thorough prior art search to ensure the novelty of your ornamental feature and avoid potential infringement issues.
• Drafting a comprehensive and well-structured design patent application, highlighting the unique visual aspects of your creation.
• Representing you throughout the patent prosecution process, addressing any office actions or objections from the patent office.
• Providing guidance on protecting your design internationally through the Hague System or other applicable methods.

By working with an experienced intellectual property lawyer, you can confidently navigate the patent process and safeguard your visual masterpiece, ensuring it remains a cherished and exclusive creation for years to come. Remember, the world needs more beauty, and your ornamental feature might just be the inspiration someone else was waiting for.

If you would like to learn more about design patents, ornamental features, have any additional questions, or believe you have an ornamental feature worth patenting, please don’t hesitate to reach out to Lemler IP.