Protecting the Visual Appeal of Your Product
A design patent is a form of intellectual property protection that covers the ornamental design of a functional item. While a utility patent provides protection for the way an article is used or works, a design patent protects the way it looks.
Purpose of Design Patents
The primary purpose of a design patent is to protect the unique visual qualities of a manufactured item. This includes:
- The shape of a product
- The surface ornamentation
- The overall appearance
Design patents prevent others from using, making, or selling a product that looks substantially similar to the patented design.
Benefits of Obtaining
- Protection against copycats: Prevent others from using your unique design
- Market advantage: Exclusive rights can give you an edge over competitors
- Increased product value: Patents can make your product more attractive to consumers and investors
- Licensing opportunities: Generate revenue by allowing others to use your design
- Deterrent effect: Discourage potential infringers from copying your design
- Portfolio building: Strengthen your overall intellectual property portfolio
Legal Benefits
- Exclusive rights to the design for 15 years from the issue date
- Ability to sue for infringement and collect damages
- Deterrent against copycats and counterfeiters
- Potential licensing opportunities
Design Patent Protection
For design patents, the law requires that the design be of patentable subject matter. In the case of a design patent, this means the design must be embodied in or applied to an article or manufactured good. Typically in a design patent, the design consists of the visual ornamental features embodied in, or applied to, an article of manufacture. Since a design is related to the appearance of the invention, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. For a surface ornamentation to qualify for protection as a design patent, the design feature must be inseparable from the article to which it is applied and cannot exist alone.
Requirements and Term
In addition to being of patentable subject matter, the invention must be new, original and ornamental.
Because the design patent only covers the ornamental portions of the article, it provides only limited protection and lasts for a shorter duration than a utility patent, approximately 15 years versus 20 years. Because it may be difficult to separate the design features from the overall product, damages for infringement of a design patent can provide a strategic benefit in the case of infringement. Therefore, it is highly recommended to contact a patent attorney who is familiar with the differences between Utility and Design Patents.
The Filing Process
- The first step should be to find a patent attorney with exerience with design patents.
- After hiring a patent attorney, your attorney should discuss the following with you, including whether you consider a prior art patent search prior to filing to ensure your design is novel
- Prepare detailed drawings
- After a design patent application has been prepared with a claim and description
- Your patent attorney wil typically file the application with the United States Patent and Trademark Office (USPTO)
- After the patent is filed, the patent attorney will respond to any office actions from the patent examiner
- If approved, then a issue fee must be paid before you receive your patent
What the Patent Office Does after Filing
The USPTO examines the patent applications to ensure they meet the legal requirements for patentability. This includes:
- Reviewing the application for completeness
- Conducting a search for prior art
- Examining the design for novelty and non-obviousness
- Issuing office actions if there are any issues with the application
- Granting the patent if all requirements are met
Why Work with an Experienced Patent Attorney
While it’s possible to file a design patent application on your own, working with an experienced patent attorney can provide several advantages including they can discuss various strategies to help make a defensible patent, make sure the invention meets the legal requirements, they have experience with the compicated patent process, respond to questions or issued raised during the patent process and provide guideance on your overall IP strategy. Don’t leave the protection of your valuable designs to chance. Contact our experienced patent attorneys today to discuss how we can help you secure a design patent and protect your innovative product designs.