Legal Update: Design Protection for Rubber and Plastic Products

Most companies think of utility patents when considering patent protection for their inventions.  However, there is another type of patent called a "design" patent.  Design patents can be a valuable form of protection for products having a unique "ornamental appearance".  Many rubber and plastic products fall into this category, and are eligible for design protection.

In the United States, the laws relating to design patents have also recently changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA), which provisions became effective May 13, 2015. The PLTIA implements the Hague Agreement, an international design registration system. The PLTIA has also changed the term for design patents in the United States. 

This paper will review the basics of design patent law, and provide guidance on the types of products that may be eligible for design protection.  Strategies for design protection under the new law will also be discussed.