Can I file for, obtain a design patent, and still enforce it like a utility patent?
Yes and No (You love those weasel lawyer answers, dont you?). A design patent is a patent, and can be enforced as such to the extent of what it protects. The problem is, what it protects is ornamental design. In other words, it protects how something looks or, to sum it in one word, prettiness. If a person wishes to get around a design patent, all he/she has to do is add a different feature or two and, if it is the right feature or two, Viola! They avoid your design patent. Also, woe to you if it goes to court and the court finds the protected features are actually useful! Design patents are NOT for useful designs, utility patents are thats one way to void your design patent in a hurry. Do design patents have a place in our society? Of course they do, when used properly possibly even in conjunction with a utility patent.
Yes and No (You love those weasel lawyer answers, don’t you?). A design patent is a patent, and can be enforced as such to the extent of what it protects. The problem is, what it protects is ornamental design. In other words, it protects how something looks or, to sum it in one word, prettiness. If a person wishes to get around a design patent, all he/she has to do is add a different feature or two and, if it is the right feature or two, Viola! They avoid your design patent. Also, woe to you if it goes to court and the court finds the protected features are actually useful! Design patents are NOT for useful designs, utility patents are – that’s one way to void your design patent in a hurry. Do design patents have a place in our society? Of course they do, when used properly – possibly even in conjunction with a utility patent.
