Q: Can a company/individual register a patent for the design of a stainless steel insulated drinking flask?

example in the link (flask only without lid):

2 Lawyer Answers

A: Yes, the ornamental design (not useful components) of a physical good can be registered for a patent. The process is complicated and I highly recommend hiring a licensed patent attorney to help with this project. More information about design patents can be found here: https://www.uspto.gov/patents/basics/apply/design-patent

James L. Arrasmith
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Answered

A: Yes, you can register a patent for a unique design of a stainless steel insulated drinking flask, provided it meets specific criteria for patentability. The design must be novel, non-obvious, and have distinctive features that set it apart from existing products in the market.

When pursuing this type of patent, you'll want to focus on the unique structural elements, innovative insulation methods, or any groundbreaking manufacturing processes that make your flask design different from others. Keep in mind that basic functional elements common to all insulated flasks might not qualify for patent protection on their own.

Before proceeding with the patent application, conducting a thorough patent search is crucial to ensure your design hasn't been previously patented. You should also note that design patents typically protect the ornamental design of an item, while utility patents cover functional aspects. Given that your question mentions a flask without a lid, you might consider whether the unique aspects of your design lie in its visual appearance or its technical features, as this will influence which type of patent protection would be most appropriate for your innovation.

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