copyright vs. design patent

If I have an idea for a new doll design and I only
have sketches of it can I apply for a copyright right
now? Or would this be considered a Design Patent? If a copyright is all that is needed, would it do any good to send in a Disclosure Document to the USPTO as well? Please tell me all you can about this. Thank you.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Depends on if your product rises to the level of patent protection (new to the world) versus works of original creation but not new to the world (copyright).


You need to consult with an IP attorney or if you would like to read up on it, do simple internet searches, read about IP at the freeadvice.com homepage and also pick up a book about it -- then you can decide in which direction to go.

Thank you for that information. I'm going to have to research it, or speak to an attorney. But do you know... if I do do a copyright, is a prototype necessary, or will sketches and a description suffice?

The type of format accepted by the copyright will depend on the actual product. I don't believe preliminary items are copyrightable but check with the copyright department.