Discussion:
I have designed a group of retail products that are different "embodyments" of a core concept. (None of these have been made public or put into production at this point.) I know that I can copyright each of the specific products but it is not clear to me how a copyright differs greatly from a design patent. As I understand, each approach protects a single, specific creative "embodyment." The embodyments/products that I have designed to date (5) - while utilizing the same core concept - can be sold into a variety of markets.... and there are numerous additional unique products that can be designed around the core concept that I have originated.
Is it possible to protect through a design patent the core concept by providing as examples the current 5 embodyments? Or, can I protect only the specific embodyments and not the core concept?
Ideally I would like to move into the market place three products but then license the use of my core concept to other publishers/manufacturers.
Thanks!
Answer:
PLEASE let me know if you recv any replies, i am facing the same situation.
Answer:
From what I understand, yes, you can have a design patent on the core concept and the several embodiments. The several embodiments may be filed in a single design patent application, so long as their appearance is similar. (There's only one claim to a design patent.)
I am a patent agent, but a very new one, so take what I say with a grain of salt.
But, you might want to look at this article for further information:
Good luck.