Google Obtains Design Patent for its 2004 Home Page – So What?

This week Google obtained a US Design Patent for its search engine home page from 2004.  See the Patent at D599372.  A design patent is much narrower and weaker than a utility patent.  While a design patent only protects the ornamental features of an article, a utility patent protects the functional aspects.  Moreover, for an infringement of a design patent to occur, the accused design must be substantially similar, and nearly identical to the design shown in the design patent.

Google’s current home page is significantly different than the 2004 home page that it patented so the value of its patent may be more for the portfolio or wall dressing than an offensive tool to prevent infringement.