A design patent lawyer will help you protect the unique shape, look, and form of a product. The design patent does not focus on usefulness and instead focuses on the ornamental design of the invention. If the product has no unique or distinctive shape or appearance at the time it was created then it cannot obtain a design patent. A design patent allows the owner to exclude others from making, using, copying, importing a design substantially similar to the design claimed in the design patent. Design patents are granted for the term of 15 years from the date of issuance (14 years if issued before 12/19/2013) and are not subject to maintenance fees. Like all patents, a design patent application should be filed with the assistance and guidance of a patent attorney because of its complexity.
Design patent lawyers will answer any questions you have regarding your original works. You’ll also have a chance to learn about other forms of IP protection like trademarks, patents, and confidentiality agreements.
You're more likely to be approved
Don’t leave the chance of having your patent rejected. An attorney experienced with the USPTO knows how to thoroughly search and already knows what to include and what not to include, saving you time and money.
You wont waste your time
It can take hours, day, weeks, possibly months to learn patent law. Aside from that - you may still need to hire design patent lawyers to fix any mistakes committed.
What is required in a design patent application?
The elements of a design patent application should include: (1) the Preamble; (2) a cross-reference to related applications (if any); (3) a statement regarding federally sponsored research or development; (4) a description of the figure(s) of the drawing; (5) a feature description; (6) a single claim; (7) drawings or photographs; (8) an executed oath or declaration; 9) the filing fee, search fee, and examination fee.
Can I submit a provisional application for a design patent?
No. Provisional applications may not be filed for design patents.
Can I apply for a utility patent and a design patent simultaneously?
Yes. While a utility patent protects a the functionality of a product or process, a design patent protects the unique visual elements of such product or process. As a result, design patents are made up of drawings that show the invention and, unlike a utility patent application, contains very little text.
What’s the difference between a design patent and a trademark?
A design patent protects the physical appearance of a product whereas a trademark protects the symbols or words used to identify the product as coming from a particular business.
Is it possible to submit multiple designs in a design patent application?
No. Each application is limited to a single, distinct claim (design). If you intent to submit multiple versions of a design then you can attempt to include them but it’s possible that the USPTO may restrict your application to one version of the design and require additional applications for the other versions.
What kind of designs do not qualify for a design patent?
The following patents cannot receive patent protection: 1) purely functional designs; 2) designs that are intended for items that cannot be seen; 3) designs that have no fixed appearance; and 4) colors of an object.
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