We recognize that building designs can be protected through both utility patents, which safeguard functional aspects, and design patents, which protect ornamental features. Architectural firms often secure multiple patents for a single building to cover both functional and aesthetic innovations.
To be patentable, a design must be new, useful, and non-obvious. Newness requires that the invention has not been publicly disclosed prior to filing, usefulness ensures the design serves a purpose, and non-obviousness involves a legal evaluation of whether an ordinary architect would be motivated to combine existing designs to achieve the claimed invention.
Utility patents may protect functional elements such as integrated energy systems, lighting, or structural layouts, while design patents protect the ornamental features that give a building its unique aesthetic. Notable examples include the Manhattan Apple Store (D648,864) and other iconic structures with distinctive façades or architectural elements. By securing patents on both functional and ornamental features, architects can prevent imitation and preserve the value of their creative work.
