Design patent protection overlaps with trade dress and copyright protection. It is important to know both whether the invention is patentable and whether making, using, or selling the invention will infringe an already existing patent of another. If the invention is believed to be patentable, the next step is to apply for a patent. Applications are examined by the Patent Office for procedural compliance and to make sure the invention is new and unobvious in view of the prior art. If the examination is successful, a patent is granted.
Patent applications are secret in the United States, but sometimes are published in other countries.
A U.S. patent application cannot be opposed in the Patent Office. There is no patent protection unless and until the patent is granted. The invention previously was known to or used by others or on sale. The invention previously was patented or published. The wrong inventor is identified.