Can packaging be patented? 2 Answers as of September 15, 2010

I want to package our company product in an unconventional way. Can this new packaging be patented? I presume that we would need help with a design patent.

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes provided it meets the requirements of a patent -in this case for packaging it must be new, nonobvious, and have a utility.
Answer Applies to: Oregon
Replied: 9/15/2010
Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
It sounds like you are looking for a design patent. These are special types of patents that only cover the ornamental design of the invention, they contain no functional information. These types of patents are generally of lower cost than traditional patents, and the turnaround time is shorter as well.
Answer Applies to: California
Replied: 9/14/2010
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