Design patent

[patentnewb]

What is the name of your state? GA

Hi, I'm unclear about design patents. Can the following qualify as a design patent?

Say some one else invents a nifty glove with computing devices built in that does some cool stuff, and gets a utility patent on the nifty computing stuff underlying the glove. Say that I take this underlying nifty computing stuff that he/she patented, and put it into a wristband that does the same thing the glove does. I know I can't get a utility patent on the nifty underlying computer technology, but can I get a design patent on having it in a wristband form-factor? The wristband would have much advantages over the glove, such as being less obtrusive, less discomfort on the hands, etc. If this isn't a design patent, is it any type of a patent? Thanks.

 

[divgradcurl]

What is the name of your state? GA

Hi, I'm unclear about design patents. Can the following qualify as a design patent?

Say some one else invents a nifty glove with computing devices built in that does some cool stuff, and gets a utility patent on the nifty computing stuff underlying the glove. Say that I take this underlying nifty computing stuff that he/she patented, and put it into a wristband that does the same thing the glove does. I know I can't get a utility patent on the nifty underlying computer technology, but can I get a design patent on having it in a wristband form-factor? The wristband would have much advantages over the glove, such as being less obtrusive, less discomfort on the hands, etc. If this isn't a design patent, is it any type of a patent? Thanks.

Based on what you have written, this would not be a design patent. Design patents cover creative designs that are inextricably intertwined with their underlying functionality. In other words, design patents fill the narrow void between copyright and utility patents. Functional stuff is covered by utility patent, copyright covers creative works -- but certain creative works, where any functionality cannot be disassociated from the creativity, cannot be protected by copyright (since copyright cannot cover functionality). In these cases, you can file for a design patent. If you look at design patents, they usually cover things like ornamental pots, for example.

What you are describing sounds like a utility patent, and one that is likely already patented (the glove patent may very well anticipate or obviate your design). You could contact a local patent agent or attorney to determine if you have something that is separately patentable.