Anyone desiring to secure a patent upon his or her special design will need to perform a design patent search. Design patents are reserved for a special category of physical items under law. Laws for design protection vary by country around the globe. In the United States, the ornamental design that is on a functional item can be granted a design patent.

A design patent can only be granted for a unique ornamental design of an item that is functional. Examples include computer icons and other computer images, beverage containers, jewelry and furniture. This patent is also a form of an industrial design right, enforceable by law. Design patent attorneys are able to register with the government as an agent or attorney specializing in patent applications after they pass a registration examination offered by the U.S. Patent and Trademark Office. Foreign countries have their own form of a design patent and application procedure.

To consider another design to be an infringement upon a design patent, it only needs to be shown that another design is similar to the patented design; it does not need to be an exact copy. The inventor, a patent attorney, or registered patent agents are the only ones who are allowed to prosecute design infringement or to file a design patent application.

Most design patent applications contain a transmittal, a specification, some drawings and a declaration. The design patent application will not be published in the United States and several other countries until it is granted. It is very important to maintain secrecy until the patent is granted.

Design patent searches are made to determine that the new design does not infringe upon another patented design. Most patent design searches and applications are done by patent attorneys to ensure that all legal aspects of the process are performed correctly. Design patents are valid for a period covering 14 years following the issue date. This type of patent is only for the ornamental nonfunctional design of a functional item. Some items that have a design patent may also have a copyright or a trademark. Each separately protects from being copied under penalty of law.

There are 33 categories of items that can be granted a design patent in the United States. Items include apparel, packaging, Musical Instruments, games, toys, lighting, cosmetic products and many other items that can incorporate unique nonfunctional designs.

(A chart showing all categories can be viewed at: Hobicode - jasa pembuatan website Patent Search?