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Getting a patent for your idea is no small feat. It can take as little as 18 months in the United States, or as long as two years. In order to make sure your idea is patentable, you need a prototype of your invention. You may want to consult an intellectual property law firm to get the ball rolling. These firms assist inventors with the research and development of their ideas.
To patent a design idea, the first thing to do is to search for similar designs in the patent office. After this, you can describe your design in detail, describing its differences from existing designs. A patent attorney can prepare the application and follow all the rules of the patent office. This article will provide the necessary information to file a design patent application with the USPTO. The fees for filing a design patent application are determined by the USPTO.
Filing for a design patent
If you’re filing for a design patent, you must demonstrate that your idea has a unique look and feel. It must also have a purpose. This means that a design cannot be merely functional, such as a decal that would change the physical appearance of sunglasses. It must also be ornamental. For example, you could file a design patent for a bottle shape that’s unique to Coca-Cola, but you wouldn’t qualify for a design patent for a label design for a wine bottle.
You can get a design patent for a single embodiment of your design, but you’ll need to file separate applications if the embodiments have different shapes, appearances, and functionalities. For example, you’ll need to file a separate design patent application for a vase with different surface ornamentation.
A design patent is a type of patent that protects the look, form, and ornamentation of an item. Design patents are generally only awarded to original designs. You’ll need to provide an actual prototype of your idea before filing. You can also find professional help to help you develop your idea.
In addition, you’ll need to provide a non-disclosure agreement (NDA) that defines who owns the idea. This is necessary to prevent others from sharing your idea. You may also want to hire an attorney to help you file your patent.
The process for filing for a design patent is fairly simple. You’ll need to fill out an online questionnaire. You’ll then receive a list of legal documents and contracts to choose from. You’ll also need to prepare two drafts of your patent application. You’ll then submit your application electronically with the USPTO. The entire process will take about 18 to 24 months in the United States. If you need to file a patent quickly, you may want to consider a provisional patent. A provisional patent will give you a year to develop your idea. During this time, you can also defend it against other competitors.
Once you’ve made sure your idea is patentable, you can file your application. A provisional patent is often more affordable than a design patent. The cost will vary depending on the complexity of your idea. It’s usually around $199 for the service, plus filing fees. You’ll then need to wait a year before filing an official design patent application.
If you aren’t sure whether you can patent your idea, you may want to consider working with an invention development organization. These companies will help you develop your idea and bring it to market. They’ll also provide you with legal advice and help you to avoid filing for a patent that’s too similar to another patent already on the market.
Coca-Cola’s design patent
Hundreds of USPTO patents protect the company’s bottle designs. The design patents are essential to Coca-Cola’s IP protection strategy, protecting the company’s trademarked bottle shapes. However, Coca-Cola is not the only company with design patents. Many other companies also have design patents, including the famous Coke bottle. Read on to learn more about design patents. Listed below are a few examples of design patents for companies.
The first Coke design patent was issued in 1916. The second was issued in 1923, and it covered the contoured bottle. In the 1920s, the Coca-Cola Company changed the bottle design, introducing a new style known as the “Christmas bottle.” The second patent was issued on December 25, 1923. Root Glass Company owner Chapman J. Root obtained the first patent for the new design, which became the standard glass Coke bottle.
Another example of a Coca-Cola design patent is the Coca-Cola bottle. The iconic soda bottle was patented in the early 1900s, but the company also filed patents for various types of cups for beverages. While these patent drawings may seem wacky or innovative, they have been protected by law. Similarly, Coca-Cola’s design patent application was granted in September 2017 after successfully overcoming three Office Actions.
Unlike the design patent, which provides exclusive rights to ornamental designs, the design patent does not grant a company exclusive rights to the technology behind a product. While the Coca-Cola bottle design has become the most famous, it is unlikely to prevent other beverage makers from copying its design. This means that Coca-Cola could sue other companies for copying its design. And because design patents and trademarks last forever, Coca-Cola would have the upper hand if it did.
The Coca-Cola design patent is the first design patent issued to protect a company’s beverage. The design patent protects ornamental designs for articles of manufacture, such as bottles, cans, and silverware. Coca-Cola’s design patent covers the shape of the bottle, and it also protects the colors of its trademark logo. Moreover, it protects the brand from imitators and even creates a new class of soft drinks.
Filing a design patent application with the USPTO
There are a few steps to filing a design patent application with the USPTO. The first step is to identify and research any related patent designs. Unlike regular patent applications, design patents protect the appearance of the invention, rather than the actual invention itself. The design may consist of patterns, ornamentation, shapes, or a combination of all three. The USPTO’s website provides a guide that outlines the steps required to file a design patent application.
Once you have identified the design you would like to protect, you can submit the design patent application to the USPTO. While this is an extensive process, it is a necessary step in the process. You must submit at least one drawing of the design in your application to the USPTO. If the design is considered novel, it will be issued by the USPTO. The process usually takes one year.
The title of the design should identify the article in which it is embodied. The title should also be descriptive, such as a specific design or color scheme. This helps the examiner conduct a prior art search, correctly assign the new design, and classify the patent upon allowance. Furthermore, it helps the public understand the nature of the article. In general, it is advisable to submit a detailed title for design patent applications.
The drawings should be as detailed as possible. If you want to submit drawings to get a design patent, you must have them drawn to scale. Make sure the drawings are detailed, and that they contain all the elements of the design. Using a professional designer to prepare your drawings is a great option for this step. While the costs may vary, they are usually rolled into the cost of the design patent application.
The next step in the process of filing a design patent application is to choose the specific concept you want to pursue. A design patent application recites one claim but can contain multiple alternative embodiments, and an unelected concept can be pursued in a divisional application. In either case, however, you should choose one concept and pursue it. Failure to do this may result in legal consequences for you.
Fees for filing a design patent application
The fees for filing a design patent application are not very high. You’ll pay for the application and examination, as well as the issue fee. There are also maintenance fees once you have the patent. These fees are non-refundable, so it’s a good idea to get a quote before you start the process. If you are unsure whether filing a design patent application is right for you, ask an attorney to help you with the process.
The application includes a description. This section provides a short summary of the design patent’s coverage. It includes the Preamble, applicant name, title of the design, nature of the article, intended use, cross-reference to related applications, and a statement regarding federally-sponsored research. The specification also contains a single claim. The fees for filing a design patent application vary depending on the type of design patent application.
If you are looking to obtain a design patent, you must file a design patent application with the USPTO. Design patents are much faster to obtain than utility patents. They also have a higher allowance rate. According to USPTO statistics, nearly 90% of US design patent applications are granted without prior art rejections, which makes the process quicker and less expensive. The USPTO also reported a nearly 90% design patent allowance rate for applications filed between 2005-2009.
There are a few fees that you will have to pay when filing a design patent application. These fees are based on the size of the entity, and attorneys will charge you a couple of hundred dollars more. Lastly, you’ll need to pay a patent draftsperson about $500 to translate 3D CAD drawings into a USPTO-compliant form. In total, you’ll pay around $1500 to file a design patent application.
While the rates for obtaining a design patent are lower than for a utility patent, a design patent search can be very expensive. You’ll want to consult with an attorney to determine whether or not your design is protected by a patent owned by another party. You’ll also need to pay for the search costs, which can be as much as $2500. The fees for filing a design patent application vary according to your business size and the number of claims.
To sum up, obtaining a patent for your idea can be time-consuming and costly. However, there are a few things you can do to make your idea a more valuable asset. The best thing to do is to check with a patent attorney before you begin. A skilled patent lawyer can walk you through the process and tell you if your idea is patentable. It can also help you identify the inventors of your patent. You can even hire an independent patent attorney if you don’t want to go through the process yourself.