Question
We develop and produce low-turbulence microdrones. In terms of design, we would like to protect what makes our products stand out from among the other products on the more and more crowded drone market. I know that there is something like a 3D trademark or a "design patent", but I am not sure what the difference is. Is there a way to get the same protection that other uniquely designed products have, for instance, an iPhone? How much would it cost and what would be the first thing to do?
Answers: 2 public & 1 private
In the U.S., a design patent only protects aesthetic or ornamental features and cannot be indirectly used to protect the functionality of a particular design (that is generally what a utility patent covers). Trade dress protection, available under the Lanham Act 15 U.S.C. 1125, can protect the shape of a product or its packaging. Whether either design patent and/or trade dress protection is appropriate (or available) would require evaluating your proposed design against the backdrop of prior art and product/packaging designs currently being used as source identifiers.
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