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

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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