Getting a patent on a design is easier than you might think. In most cases, all it takes is submitting a design patent application. The application includes a figure description and an oath or declaration. This will give you exclusive rights over your design and allow you to sue anyone attempting to profit from it without your permission. Furthermore, a design patent is cheaper and easier to obtain than a utility patent.
If you’re thinking of getting a design patent, there are some things you should know before you begin. This article will explain how to get a design patent, which you should file for, and what you should do to prepare it. Here are the steps to take to get a design patent. You must also know the difference between utility and design patents. Moreover, if you plan to do it yourself, you’ll need to choose carefully.
Getting a design patent
A design patent protects the ornamental design of your product. In order to get a design patent, you must prove that the design you want to protect is unique, valuable, and not already in use. For example, if you want to patent a bed design, you must show that no other product on the market has the same design. Fortunately, you can extend the duration of a design patent if its value or importance outweighs the cost of renewing it.
Before applying for a design patent, you should first complete a patent search. It will help you to see if other designs are already protected. Also, it will allow you to include a discussion of your research in your application. Moreover, you may want to look at previously-issued patents and see if they are similar to your design.
The first step in the process is to understand the invention. A design patent application consists of an abstract, a description of the invention, and any figure descriptions accompanying the abstract. It is essential to follow the instructions provided by the patent examiner, even if you disagree with them. Moreover, if the design changes, it will require a patent reissue. This will usually include updated patent drawings. Getting a design patent can help protect your product and prevent others from copying it.
The next step in obtaining a design patent is applying for it. You must complete a patent search and research and then submit the patent application to the USPTO. If you hire a patent attorney, you should make a power of attorney document. If you decide to do it yourself, research any issued patent designs to see which ones you can copy and use for your application.
Technically, you don’t need to draw your design. However, if your drawing is not included in the patent application, it will be rejected. Drawings are used to illustrate the design. Drawings are more important than any other section of your application.
Drawing your own design can be difficult depending on your level of skill. To increase your chances of getting a patent, you should make sure that the drawing is high quality. It is usually a good idea to hire a professional to draw the patent drawings for you. It usually runs around $600.
Choosing between utility and design patents
Design patents are different from utility patents. Utility patents protect the functional aspects of an invention, but a design patent only protects the appearance. As such, you need to explore the utility aspects of your design before patenting it. As an added benefit, a design patent will cost you less money than a utility patent.
When choosing between a utility patent and a design patent, it is essential to remember that the former protects functionality while the latter covers ornamental appearance. Both types of patents are difficult to obtain and can be expensive. Before deciding which type of patent to file, conduct a novelty search to determine whether your invention is new or non-obvious. To find out if your idea qualifies for either patent, visit the USPTO website.
While utility patents protect functionality, design patents protect the appearance of an existing product. A design patent will protect the product’s appearance, which can be very important for its success.
Generally, design patents cover only what is depicted in the patent drawing. This means that the patented product could also cover surface ornamentation or configuration. Moreover, there is a risk that competitors might copy your product design or create a similar one to yours.
Another example of a toaster is an electrical appliance—a red rectangular toaster on the market and a white curved one. Regardless of the style, the function of a toaster remains the same. A utility patent lets you control who makes your product and uses it. Using the correct type of patent will ensure that you control the design. When you choose a utility patent, you can avoid the hassle of rebranding.
Preparing a design patent application
There are several aspects to a design patent application, including the drawings. These drawings should clearly disclose the claimed design of an article. The design may not encompass the entire article; you can use broken lines to illustrate non-essential details. However, you should not draw the entire article; the purpose of these lines should be clear. Then, you must include a description of the design. It should be at least six pages.
While a design patent application can protect the ornamentation of a product, proper drafting is essential. Proper inclusion and exclusion of design elements can limit the scope of protection. When preparing the design patent application, clearly illustrate the claimed subject matter in solid lines. Also, avoid drawing non-essential features that can be changed or avoided. These features may defeat a patent infringement claim.
To protect your design, include all co-inventors. List all co-inventors in the Design Patent application. If applicable, insert a copyright statement and a disclaimer. If necessary, cross-reference related applications before the SPECIFICATION. Finally, make sure to list all co-inventors and sign the Oath. In addition to identifying the co-inventors, design patent applications must include an Oath.
Once you’ve completed the application form, you need to create a drawing of your design. It is important to remember that a design patent application does not protect the actual invention but rather the way it looks. A design patent protects ornamentation, shapes, and patterns that are part of your design. You can obtain a design patent by following the guidelines on the USPTO website.
Filing a design patent application by yourself
You may wonder how to apply if you want a design patent. Generally, a design patent application includes a preamble, a short description of the design, cross-references to the prior art, and complete design details, including drawings. Design patent applications may contain one or multiple claims and apply to only a specific type of article. In either case, you must file your application with the USPTO and pay the required fees. After submitting your application, an examiner will review the design to ensure it is original and does not violate any laws.
You’ll also need to submit at least seven illustrations. In the case of a complex design, you’ll want to submit exploded views with all parts arranged along one axis. Finally, you’ll need to submit a design patent claim.
The design patent claim should be clear and allow you control over the drawings. Any additional wording will limit your rights.
A design patent application is essential for anyone with an innovative idea. Depending on the date of your application, your design patent can last up to 15 years. However, in many foreign countries, there is no grace period for filing a design patent. Therefore, you may consider hiring a professional draftsperson to prepare your design patent drawings.
The Guide includes examples of acceptable drawing disclosures and drawings. In addition to preparing drawings, you should also ensure that you have the documents to back up your design patent application.
Tips for Writing Your Design Patent Application
You will need to show that your design is eligible for patent protection when you file your design patent application. The design patent does not cover the invention, but only the appearance of the invention. This could include ornamentation, shapes, and patterns. You can consult the USPTO’s design patent guide to determine if your design is eligible for patent protection.
The application data sheet will be required. This will provide basic information and details about the design as well as the invention. The USPTO website has a copy the application data sheet. The application data sheet is not required. Instead, you’ll need to adhere to the formatting guidelines provided by the USPTO.
It is important to keep a detailed record of your invention. Keeping a research notebook will help you document every step. You will also need to explain how you came up with your idea. Additionally, you will need to build a prototype and document the process. Make sure that the prototypes are tested in front of witnesses.
Filing a design patent application by an attorney
Before filing a design patent application, you must decide whether to file it yourself or hire an attorney. If you are worried about legal costs, you may want to hire a design patent attorney. Patent attorneys have extensive experience filing design patents and can protect your design. These attorneys are trained to deal with the patent process, which is the most crucial part of getting a design patent. They can help you protect your idea and ensure that others do not copy it.
If you hire an attorney, you will need to sign a power of attorney document. Before filing your application, you should perform a patent search to determine whether someone else has already patented a similar design. Once you have the answers to these questions, you should write a discussion of this research in your application.
A qualified attorney will help you make a better case for your design by showing the relationship between the different parts of the design and their uniqueness. This can give you more control over your design. Without proper drawings, you may not be granted a design patent. The patent application focuses on drawings and other forms of visual representation. If you do not have these materials, you should consider hiring an attorney to prepare your drawings.
When filing a design patent application, an attorney will help you ensure that the drawings are clear and concise. A single claim must describe the design applied or embodied in the article. The claim should be consistent with the title of the invention. In addition to the claim, you will need to submit seven illustrations, which should include the petition. This step is the most critical part of the design patent application.