How does one protect a building design?

[jcamt]

I've designed a small utility building which at the moment is not otherwise commercially available (but which I believe has market potential). Is it possible to prevent others from merely copying the design with impunity once they see it?

I have some experience with utility patent writing and I don't believe there's a lot of opportunity there. My second thought was that a design patent would do the trick, but the following description from the PTO relating to design patents seems to suggest otherwise:

"A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or appearance to the article not dictated by the function that it performs, the design lacks ornamentality and is not proper subject matter."

This cannot be a new problem. What are my options, if any?

Thanks
jcamt

 

[JAE]

Usually, you see many A/E firms copywriting their plans and details. This is not a patent on the whole building obviously, but it can protect your concept to a degree. Some have argued that even copywriting plans does little.

 

[MotorCity]

jcamt:

I have also seen firms copyright their drawings. However, a copyright IS NOT a patent, a copyright simply prohibits reproduction.

I had a professor in grad school who encouraged his students to copy designs or details (as long as they worked of course). I have copied designs in the past (such as connections and details) instead of re-inventing the wheel.

If you see a particluar design you like use it.

 

[VoyageofDiscovery]

In Canada, copyright laws have come under attack and the Supreme Court of Canada recently answered with a definite ruling that as long as reproduction is for personal use, copying of copyrighted material is not a breach of Canadian copyright law. This ruling has also been extended to the music industry as well in Canada.

VOD

 

[jcamt]

JAE, MotorCity, VOD
Thanks for your comments. I may try a Design Patent anyway.
jcamt