Question

What design features of a product that determines the “look and feel” of a product can be patented, and how are reasonable damages determined if such a patent is infringed?

Answer 1

Answer-

Design patents cover visual, non-functional features embodied in and applied. Determining if a design is non-functional, or ornamental, courts. A design is considered functional if it is dictated on how it operates. If the design includes elements dictated by function, they are not excluded from the infringement analysis and the ornamental aspects of the functional elements becomes the focus. In this case, to become protected by a design patent, the design have to be an article of manufacture, be ornamental, new, as well as not obvious over existing prior art designs.