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.