Quote:
Originally Posted by MWS
Regarding the print, I didn't know you could patent an entire car...unique parts, sure...but the entire car? Guess I learn something every day.
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Utility Patent vs Design Patent
Patent law provides a first legal protection for automobile designs. When the term "patent" is mentioned, what comes to mind most frequently is what is known as a "utility" patent - a patent that protects a new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof. However, another type of patent exists, known as a "design" patent.
Generally, a utility patent is available for the functional aspects of a product (e.g., a new and non-obvious convertible top system), while a design patent is available for the ornamental features of a product (e.g., the look of the automobile not dictated by functional features). Theoretically, a line can be drawn between the two such that a feature obtaining design patent protection cannot, also, obtain utility patent protection.
The key requirement in obtaining design patent protection is for the design to be new, non-functional and non-obvious to one of ordinary skill in the art - e.g., an average designer in the automobile industry. If and when a design patent is granted, the owner of the design patent will be entitled to 14 years from the issue date of the right to exclude others from making, using, offering to sell or selling the patented design.
Read more here:
Automobile Designs: Protecting An Investment In A Legend With Intellectual Property | The Metropolitan Corporate Counsel
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