A Brief History of Design Patents

Although the first Patent Act was enacted in 1790, it was not until some 52 years later that the US patent laws were modified to allow for the patenting of ornamental designs. In 1842 a statute was passed to provide for, among other things, the grant of patents for any new and original: (1) design for a manufacture; (2) design for printing on fabrics; (3) bust or statue; (4) impression to be place on an article of manufacture; or (5) shape or configuration of any article of manufacture. Subsequently, in 1902, the design patent statute was amended to define the allowable subject matter simply as “any new, original, and ornamental design for an article of manufacture.’’ This language mimicked the 1887 modifications to the Patent Act relative to infringement, and still closely represents the current law regarding patentability of designs. (Full Article by Gene Quinn)