Posted by hipstomp | 11 Jul 2007
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Comments (1)

As a designer, do you know the difference between a trademark, a copyright and a patent? Did you know that patents and copyrights don't overlap--except in the area of product design? The business section of the San Francisco Chronicle breaks it all down for you here.
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The article is correct, but pretty thin on the finer points of IP. There is a lot more that product designers should consider.
Note the words "functional" and "non-functional ornamental" as used in the article. Patents properly are sought for functional features of products. Copyrights and trademarks do not protect functional aspects. Often though, exceptional designs merge the ornamental with the functional features of products and packaging. The overall visual impression of an iPod identifies it (trademark), and a blueprint of iPod layout is a visual work (copyrightable), but the features seen on the product also function to make it work and easier to use (patent).