Posted On: March 17, 2010
Novel Simplicity: Google Gets a Design Patent
Recently, the popular internet search engine, Google, was awarded a design patent. Soon afterward critics emerged, touting that Google had abused the patent system. Such critics may not be familiar with the fine distinctions between design and utility patents. Whereas a utility patent protects an invention's function, a design patent protects the "ornamental design." A design patent's protection is narrower than that of a utility patent. For example, Google's ornamental design consists of the arrangement of search buttons and the text input bar. This patent prohibits others from creating websites that appear "substantially similar" to the Google layout, but does not prevent anyone from merely creating websites with a similar function or with a clean appearance.The only requirements for a design patent is that the design is new, original, and is not functional. Google's layout certainly seems new and original when compared to the layouts of other search engines like Yahoo, Excite, or Webcrawler. Finally, the layout does not serve a function; it is merely aesthetic.
Design patents can be particularly valuable in protecting ornamental expression. For more information about design or utility patents, contact a competent patent attorney.
