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Design Patent Application
A Design Patent protects the unique visual elements of an object. Whereas filing a Design Patent Application gives your design "patent pending" status, an issued Design Patent grants you the right to prevent anyone else from making, selling, using or importing objects with your design. A U.S. Registered Patent Attorney/Agent can prepare your Design Patent Application today.
Services offered and provided by law firm Classic Counsel, P.C.†, subject to conflict check and Limited Scope of Engagement.
- Compilation of your application
- Convert your figures to formal drawnings
- Electronic filing with the USPTO
- Attorney prepares application
- Services provided by Classic Counsel, P.C.†
Service Includes:
from $899+ government fee ( learn more about this service and fees )
PATENT LEARNING CENTER - by Trademarks On Call®
Provided by Trademarks On Call®, the Patent Learning Center is for informational purposes only, not legal advice. Select a topic below to learn more about patents:
Patents | Design Patents | Provisional Applications | Utility Patents
Applying for Patents | Patent Office Actions | Patent Maintenance
DESIGN PATENTS
A design patent protects the ornamental appearance of an item. That is, in a design patent, what is claimed and protected is the design embodied in or applied to some item, typically some manufactured article. A design patent does not cover the article itself, the way the article functions or any mechanical structure. A design patent merely protects the appearance of the article.
Once a design patent application is filed, the inventor may claim "patent pending" status.
It may be possible to obtain both a design patent and a utility patent on some articles, where the invention resides in both utility and ornamental appearance. For example, design patents are often obtained on the unique appearance of a new sneaker. However, if the sneaker also is built or operates differently or provides some unexpected advantage - e.g., the use of a new material in the sole that reduces impact to the wearer - then the sneaker might also be protected with a utility patent. This functional aspect of the sneaker would be protected by a utility patent whereas the appearance of the sneaker would be protected by a design patent. An inventor should always consider whether both a design patent (to protect appearance) and a utility patent (to protect structure and function) should be used to best protect an invention.
ADVANTAGES OF DESIGN PATENTS
Typically, a design patent is much easier to obtain compared to a utility patent. Design patents are also typically granted within 12 months of filing an application, whereas it can take 2 to 3 years to obtain a utility patent. The cost of filing and prosecuting a design patent application is also quite inexpensive compared to filing and prosecuting a utility patent application.
However, design patents are often considered a weaker form of patent protection because they protect only how something looks. Thus, with only a small change in appearance, a competitor may be able to avoid a design patent and copy or knock-off a product. Nevertheless, given the protection provided as well as the low cost and ease with which they are obtained, design patents can be effective tools in any patent portfolio, especially where multiple design patents may be obtained.
TERM OF PROTECTION
A design patent provides protection for 15 years from the date the patent is granted.
PATENT MAINTENANCE
Unlike a utility patent, no maintenance fees are required during the 15 year patent term of protection provided by a design patent.
Disclaimer: Trademarks On Call is not a law firm or a substitute for an attorney or a law firm. Trademarks On Call does not provide legal advice. The information provided on this website is for informational purposes only and does not constitute legal advice.