Proposal 09

Modify the patent definitions and process to reflect the types of intellectual property created by designers.

The U.S. Patent and Trademark Office has specific guides to filing a design patent that defines design as “the visual ornamental characteristics embodied in, or applied to, an article of manufacture.”  This definition no longer reflects the diversity of design practices or outputs that have evolved beyond visual ornamentation.

The U.S. utility patent process —the other major category of patents for which designers could apply —is biased towards technological, scientific, and pharmaceutical intellectual property, such that it discourages designers from seeking patents.

Design can be both ornamental and functional by definition. The creation of a patent process that recognizes the distinct intellectual property of the design communities would increase the U.S.’s intellectual property production and thus competitiveness.

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