SHAPE OF BROWNIE FOR DESIGN PATENT

Posted by Michael Shimokaji | May 13, 2019 | 0 Comments

QUESTION: Hi, is it possible to get a design patent on something like ???a multivitamin in the form of a brownie???? Is it possible, to get a design patent for something described as ???a multivitamin in the form of a brownie???? Or would you have to be much more specific? Also I assume you couldn???t get a utility patent on this product since I would imagine anyone would be free to add supplement ingredients to a brownie. Can you answer these questions for me? Thanks!

ANSWER: A design patent covers the overall shape of something. If your vitamin is in the shape of a brownie, a design patent might be possible. But it sounds like you are putting vitamins in a brownie, which would then be in the realm of a utility patent, which would seem difficult to obtain in your situation.

About the Author

Michael Shimokaji

Mr. Shimokaji specializes in the health care industry, including medical devices, medtech, and life sciences. Over the last 30 years, he has also supported clients in industries as diverse as aerospace, apparel, chemicals, computer software, and telecommunications. His expertise includes infringement litigation, patent and trademark portfolio development, and intellectual property transactions.

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