Question
We have a created a health tech device which has several modes of application. It can be used as a stand-alone or included in certain products as an add-on (e.g. sown into the fabric of a shirt, integrated in a shoe's sole, ...), measuring heart beat and other vitals. Besides a patent for the sensor technology which underlies the device (we are not yet 100% sure if we can get a patent for that), we were wondering if the design of the stand-alone, meaning it's shape and appearance, can be protected in itself. Can we get a "design" patent for that? If so, what's the procedure and does it depend on the patentability of the underlying sensor technology?
Answers: 2 public & 1 private
Design patents protect the ornamental (non-functional only) aspect of your invention and do not depend on whether a utility patent will be granted as well.
However, does the design of your item has an affect on its functionality? If so, you should go for an application for a utility patent.
In general, for a design patent you will need to write an application, according to the USPTO guidelines (basically thoroughly describing your design) and if your design is novel, you will be granted a patent which will be in force for 14 years.
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