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By J.D. Houvener
Patent Attorney and Founder

Hi everyone I’m JD Houvener your host to the cold Today Show review the inventor entrepreneur or business owner gets your daily dose of inspiration to make the world a better place all right we’re here again in the maker space and this is behind me a roll of carbon fiber material and that they actually do huge layouts with and they hand lay-up each layer pretty fascinating stuff I want to celebrate today it is actually national law day you didn’t know that go look it up its national la day and hey we’re patent attorneys so we know the law and we really appreciate that back in 1957 Dwight the Eisenhower put this day the first day of May designated as in the national observance for recognizing the law and the law makers those that care out the law and even those that enforced the law today so as part of law day what we celebrate as patent attorneys is the original formation of the art articles of Constitution so an article 1 section 8 Clause 8 it says to promote the useful progress of science and useful arts give to the inventors and their discovers a limited monopoly that’s huge that goes right back to the Constitution and the founding fathers so we have them to think on this law day so on this session of bold today’s show we’re in look again at design patents we’re in this part to a five-part series yesterday we looked at windshield wipers and today we’re gonna look at rain boots okay we’re still talking about rainy weather we’re in spring believe it or not I bet anywhere on the country there’s got to be a couple of raindrops and so people are putting their rain boots on okay check out this patent just issued this year on a clear rain boot the design patent is on not just the clear boot but the fact that it has an insertion as an insert able boot that goes inside of it it’s kind of a cool idea so you can have different colors depending on what you want to wear guess this is for females but hey guys could do it too right so interesting take a look at the figure so if you wanted to wear a blue boot today you simply just put your blue liner in and put that into the clear boot pretty cool one thing I wanted to point out about this is that the design patent doesn’t actually cover the in insertion piece it’s all blacked out it covers just actual outer appearance and it’s based on the law and the precedent from read Corp versus patent and what this case said is that as long as you have at least some portion of the patent of the invention rather that is non-functional it can be protected under design patent remember that utility patents are the domain of functionality and that’s what gives it their rights all right what does it do that’s utility patents design only protects the way something looks so if the invention solely has a functional aspect you’re not going to get a design patent on it something that has and carries with it a tangible real-life three-dimensional shape you’re gonna be able to get some part of design pad and so that’s what that read Corp case was all about so if you’ve got a boot or a new invention about how to stay dry I want to hear about it in your comments below please share this video with someone who might be interested in patent law and hearing more about how to move forward with their invention whether it be a design patent or utility I’m JD Houvener your host of the bold today’s show go big go bowl



About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at