Design patents tend to get overlooked as a means of protection for jewelry designs. This may be a result of the stigma associated with patents as being very costly and taking very long to obtain. However, design patents are substantially less expensive and take a shorter period of time to obtain than utility patents and as such can be a very useful tool for a jewelry designer in protecting their novel designs.

Is design patent protection available for jewelry designs?

Design patents protect the appearance of functional items. This may include a product’s configuration, surface ornamentation, or both. In order to obtain design patent protection on a jewelry design, the design must be novel (not already publicly disclosed) and non-obvious (not an obvious variation of designs already publicly disclosed). Design patent protection may be applied to a jewelry design as a whole or to only a portion of the design. Below are two examples of designs that are patented. The first is a bracelet configuration owned by Watch US Inc. and the second is a jewelry setting owned by Rosey Blue Jewelry Inc.

Is it necessary to apply for design patent protection or do rights exist upon creation of the designs?

Unlike copyright, design patent rights do not automatically attach upon creation of the design. In order to obtain design patent protection, an application must be submitted to the United States Patent and Trademark Office.

How many designs can be included in a single design patent application?

Only a single design can be included in a U.S. design patent.  Although, in some instances it may be possible to include small variations of a single design one application.

How long does design patent protection last?

Design patent rights lasts for fifteen years from the date the patent is granted. This time period cannot be extended and there are no maintenance fees or other submissions required during the fifteen year period.

What is one difference between copyright infringement and design patent infringement?

Copyright infringement requires a showing that the infringer “copied” the work. Specifically, that they had access to the copyrighted work and created a work that was substantially similar. Design patent infringement does not require “copying.” Infringement occurs where a substantially similar design is created regardless of whether the infringer was aware of your patented design or not.

The US Patent and Trademark Office provides patent resources that are helpful to inventors generally. The Office’s General Information Concerning Patents Page is a great start for a general understanding of patent law. Specific questions regarding securing protection and enforcing rights against others should be directed to an attorney experienced in patent law.

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