How to Get a Design 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. And if you’re planning 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.

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 that accompany the abstract. It is important to follow the instructions provided by the patent examiner, even if you disagree with them. Moreover, if the design has changed, it will require a patent reissue. This will usually include updated patent drawings. Getting a design patent can help you protect your product and prevent others from copying it.

The next step in the process of obtaining a design patent is filing an application 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, you should do your own patent research and look at any issued patent designs to see which ones you can copy and use for your application.

Choosing between utility and design patents

When choosing between a utility patent and design patent, it’s important 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 and non-obvious. To find out if your idea qualifies for either type of 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 appearance of the product, 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’s a risk that competitors might copy the design of your product or create a similar one to yours.

Another example of a toaster is an electrical appliance. There is a red rectangular toaster on the market, as well as a white curved one. Regardless of the style, the function of a toaster remains the same. A utility patent allows you to control who makes your product and who uses it. Using the right type of patent will ensure that you control the design. When you choose a utility patent, you will be able to 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. During the preparation of the design patent application, make sure to 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.

Filing a design patent application by yourself

If you’re trying to get a design patent, you may be wondering how to file an application. Generally, a design patent application includes a preamble, a short description of the design, cross-references to prior art, and full details of the design, including drawings. Design patent applications may contain one or multiple claims, and may 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 make sure it’s original and doesn’t 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 an important tool for anyone with an innovative idea.

Depending on the date of your application, your design patent can last for up to 15 years. However, in many foreign countries, there is no grace period for filing a design patent. Therefore, you may want to 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 necessary documents to back up your design patent application.

Filing a design patent application by an attorney

Before filing a design patent application, you need to decide whether to file it yourself or hire an attorney. 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 make sure that the drawings are clear and concise. There must be a single claim that describes the article in which the design is applied or embodied. 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 important part of the design patent application.

Filing a design patent application by a third party

When it comes to design patent protection, it is always better to have a fully developed filing strategy, including the possibility of foreign filing. Because filing a design patent application by a third party can result in a quicker patent grant, this option should only be considered when there is no other option available to you. Besides, you’ll have less time to decide on foreign filings. Besides, a third party’s filing isn’t published, which can lead to complications in foreign countries.

Filing a design patent application by iStock can help you avoid the complications associated with trademark applications. This is because, unlike trademarks, design patents are issued earlier than trademarks. This means that it is more difficult for a third party to “knock off” your product. Moreover, you should always have formal patent drawings for your design patent application, since informal drawings are easily recognizable and can cause problems down the road.

A third party can file a design patent application with the USPTO without the aid of an attorney. However, the third party must be able to understand the language of the application. The third party must be able to describe the design’s appearance clearly. Otherwise, it might not be approved. To avoid rejection, you should learn the language of describing appearance. This will help you in drafting your application.