Can you patent a art design?  Example;  you design a unique pendant
shape that no one else does. This design can also be made as a
scupture as well as a drawing or painting.

What is the best method for protecting your financial rights to an art design.

Dear Spinride, 

Before I begin answering your question, please let me refer you to the
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In other words, you are best advised to contact an attorney in need of
a legal advice, preferably one that specialises in intellectual
property. A list of such US based lawyers could be found, among other
places, here:
FindLaw - Intellectual Property Lawyers
<http://lawyers.findlaw.com/lawyer/practice/Intellectual%20Property%20Law> 

Basically, designs are protected by copyright and intellectual
property laws, although this could change by country. They are not to
be registed as a "patent" (usually), and protected by other copyright
and intellectual property mechanisms. "Patent" usually refers to an
invention, not to an artistic creation.

In the US, "Copyright is a form of protection provided by the laws of
the United States to the authors of &#8220;original works of
authorship,&#8221; including &#8220;pictorial, graphic, and sculptural
works.&#8221; The owner of copyright in a work has the exclusive right
to make copies, to prepare derivative works, to sell or distribute
copies, and to display the work publicly. Anyone else wishing to use
the work in these ways must have the permission of the author or
someone who has derived rights through the author."
 (SOURCE: US Copyright Office, "Copyright Registration for Works of
the Visual Arts", <http://www.copyright.gov/circs/circ40.html>).

In the United Kingdom, for example, you are to register your
intellectual property with the Patent Office (but not as a patent, but
as a design):

"Design rights are intellectual property rights in the design of
industrial products (i.e. those products which can be mass produced.)
'Design&#8217; refers to the shape and unique aspects of the product
rather than to the drawings or design documents, (which may be
protected by copyright). There are two forms of design rights;
registered and unregistered.

Unregistered design rights
--------------------------
These arise automatically when an original design has been recorded or
product has been made in accordance with the design. Usually last 15
years.
The owner of the unregistered design right will have the exclusive
right to reproduce the design for commercial purposes. Usually the
designer will own the unregistered design unless it was specifically
commissioned by another party or the designer was an employee acting
in the course of his employment.
Certain designs cannot give rise to unregistered design rights.

[...]

Registered design rights
------------------------
Registered design rights are governed by the Registered Design Act
1949. Designs capable of registration involve features of shape,
configuration, pattern or ornament applied to any article by any
industrial process being features which in the finished article
"appeal to the eye". New designs may be registered for up to 25
years."
(SOURCE: Intellectual Property Services,
<http://www.creativeinsightuk.com/ip.htm>).

UK - Designs Law
<http://www.patent.gov.uk/design/legal/designlaw.htm> 

INDEX to the COPYRIGHT DESIGNS AND PATENTS ACT 1988
<http://www.jenkins-ip.com/patlaw/index1.htm> 

In Japan, "Under Japan's Design Law, protection is available for the
form, pattern or color of an object or a combination of these, which
appeals visually to the viewer's sense of aesthetics. Put simply,
Japan's system protects the shape, form and external appearance of an
object." (SOURCE: JETRO, Section 5 - Trademark and Design Protection
Systems <http://www.jetro.go.jp/en/invest/setting_up/section5.html>).

In Australia, too, designs are protected by law and could be resigtered: 
Protecting your Designs
<http://www.artslaw.com.au/LegalInformation/ProtectingYourDesigns.asp> 

In the United States, designs are protected by copyright law, and
similarly to Britain, even registration as copyrighted material is not
necessary (though could be advised), because:
"Under the present copyright law, which became effective Jan. 1, 1978,
a work is automatically protected by copyright when it is created. A
work is created when it is &#8220;fixed&#8221; in a copy or
phonorecord for the first time. Neither registration in the Copyright
Office nor publication is required for copyright protection under the
present law." (SOURCE: US Copyright Office, "Copyright Registration
for Works of the Visual Arts",
<http://www.copyright.gov/circs/circ40.html>).

Guidance on how to register a work is available here: 
US Copyright Office
<http://www.copyright.gov/register/> 

So far so good. However, there are two provisions that might make it
difficult for you to apply for copyright proetction, or to register
your design.

First of all, the definition of what is considered "original design"
in art. Fine art is protected by copyright laws regarding specific
works. However, an artist cannot sue someone, who immitates his style,
not copying his works. Dali couldn't have sued anyone who also painted
in the surrealist style, or even someone who have also painted melting
watches. It is very difficult to prove - in fine arts - that someone
is not paying an homage, or making an attribute to a style, an
artistic movement, or a concept.

Moreover, if one goes around wrapping monuments and buildings like
Christo and Jean-Claude, they might be scorned as unoriginal, and
would probably find it hard to convince the audience to consume their
works, but it is not likely that they could be legally blocked.
Artists like Jeff Koons have made a career out of producing sculptures
that immitate "kitsch" or other already used by artists and artisans
alike.

In addition, in the United States and most other jurisdictions,
"Copyright protection for an original work of authorship does not
extend to the following:
- Ideas, concepts, discoveries, principles
- Formulas, processes, systems, methods, procedures
- Words and short phrases, such as names, titles, and slogans
- Familiar symbols or designs
- Mere variations of typographic ornamentation, lettering, or
coloring" (SOURCE: US Copyright Office, "Copyright Registration for
Works of the Visual Arts",
<http://www.copyright.gov/circs/circ40.html>).

You have used the term "art design" and I cannot tell if this is
because we're discussing works of graphic design or works of fine art.
From your description, it might sound as if you're trying to protect a
concept: "This design can also be made as a scupture as well as a
drawing or painting." [But then again, so could Mickey Mouse - be
drawn or used as a sculpture, and in his case, he is protected by
intellectual property laws].

Concepts cannot be protected, as you can see from the abovementioned quote. 

See also: 
 How Do I Copyright a Painting? Can I Copyright an Idea I've Had? ,.
Painting@About.com
<http://painting.about.com/cs/artistscopyright/f/copyrightfaq2.htm> 

And more: 
Copyright for Artists FAQ 
<http://painting.about.com/library/blpaint/blcopyrightfaq.htm> 

Statement of Marybeth Peters, The Register of Copyrights, before the
Subcommittee on Courts and Intellectual Property Committee on the
Judiciary
<http://www.copyright.gov/docs/hr2696.html> 

How Trademarks Differ From Patents and Copyrights 
<http://www.nolo.com/article.cfm/ObjectID/AAC160F3-CCDC-4C4A-9A92BB0A62CCF8DC/catID/D8932879-DC34-43DF-BF65FC92D55FEE5D/310/274/FAQ/>

Do I Need a Copyright? 
<http://www.digitalgraphicdesigns.com/public/coppyrighting.htm> 

NOLO - Crafts and Visual Arts
<http://www.nolo.com/resource.cfm/catID/5DD3BD40-C970-45AC-BF68DC9BA717AFDB/310/238/181/>

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it. My search terms:
[protecting design artistic copyright] 
[ protecting design graphic copyright], 
[protecting design graphic], 
[protecting design]

Dear Spinride

The answer above is WRONG.  In the US, you can obtain a DESIGN PATENT
from the United States Patent and Trademark Office.  A Design patent
covers the "ornamental" look of an item, not the function.  A car's
grill, a table's leg, a piece of jewerly,... all can be protected by a
design patent.  A Design patent is easy to apply for.  Have a series
of drawings showing all angles -- front, back, top, bottom, 3/4 ... --
and write one Claim.  "1.  The ornamental design as shown in figures
1- 10."

That is it.  The examiner will look at the design and see if it has
already been claimed or looks close to a previous patent.

Warning!!.  A Design patent is easy to get around because it only
covers that specific design.  However, if the design is unique -- like
the emblem on the Mercedes Benz -- even a small change to the design
would make it obviously not a MB.

Go to a Patent Attorney or Patent Agent, and they can quickly and
cheaply get you a patent.

Gook Luck