Copyright© Françoise Herrmann
In addition to utility patents, Sproutel’s My Special Aflac Duck® was also awarded
a US design patent. The American Family Life Assurance Company (AFLAC) filed
an application for a US design
patent on January 5th 2018. The US design patent, USD846040S1, was
granted on April 16th 2019, awarded to a team of seven inventors, and assigned to AFLAC, for a
duration of 15 years.
As a
reminder, a design patent covers the ornamental aspects of an invention, or how
an invention looks. In contrast, a US utility patent covers the functional aspects
of an invention, how the invention works, and/or is fabricated. Per the USPTO Manual of Patent Examination Procedure:
“a utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171) [MPEP Chapt. 1502.01; [R-07.2015]].
Below, the patent Figure 1 of 11 drawings, showing a perspective view of the duck with beak open. The eyes, feet, and sensor, on the duck’s chest, are drawn with broken lines to indicate that they are excluded from the claimed design. Such components of the duck are covered in utility patens related to the animatronic and user interface aspects of the invention. A YouTube video of My Special Aflac Duck®, helping kids cope with a cancer diagnosis, is also included below.
Sproutel Inc. https://www.sproutel.com/
USPTO MPEP – Chapt. 1502-01 – Distinction between design and utility patent.
https://www.uspto.gov/web/offices/pac/mpep/s1502.html
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