If you’re looking to get your design patented in record time, you’ve come to the right place. Here at Patent Pending, we can help you navigate the patent process quickly and easily.
Introduction: Why you should consider patenting your design
Most people think of patents as covering inventions, but patents can also cover the design of functional objects. Design patents are an important tool for companies that want to protect their investment in product design and prevent competitors from copying their products.
Design patents are particularly well suited to protecting products with a unique visual appearance, such as furniture, consumer electronics, and sporting goods. Design patents can also be used to protect the design of useful everyday objects, such as kitchen appliances and power tools.
It is important to remember that a design patent does not protect the functional aspects of a product — only its appearance. For example, a design patent on a chair would not prevent someone from selling a chair with the same basic function but a different appearance.
If you have created a new and original design for a functional object, you may want to consider applying for a design patent. A registered design can give you exclusive rights to sell or license your product in Australia and overseas
The benefits of patenting your design
There are many benefits to patenting your design. A patent gives you the exclusive right to make, use, sell, or import your design for a period of time. This gives you the opportunity to commercialize your invention and prevents others from copying it.
Patenting your design also allows you to stop others from selling products that look similar to yours. This can be extremely helpful in preventing knock-offs of your products.
Finally, patenting your design can give you bragging rights! Having a patent is a sign that you have created something unique and novel. It can help you stand out from the crowd and differentiate yourself from other designers.
How to patent a design
Design patents are a type of intellectual property that protect the ornamental design of an object. Design patents are issued by the United States Patent and Trademark Office (USPTO) and are valid for 14 years from the date the patent is granted.
To patent your design, you will need to file a design patent application with the USPTO. The application must include:
-A claim of ownership of the design
-A description of the design
-Drawings or photographs of the design
-An oath or declaration that you are the original inventor of the design
Once your application is complete, it will be assigned to a USPTO examiner who will review it to determine whether your design meets the legal requirements for a patent. If your design is approved, a notice of allowance will be issued and you will have six months to pay the issue fee and file your formal patent claim. Congratulations, you are now a patented designer!
The cost of patenting your design
There are three primary costs you will incur when you patent a design:
-The cost of filing the application with the U.S. Patent and Trademark Office (USPTO), which is currently $730 for a design patent
-The cost of preparing and prosecuting the application, which will vary depending on the complexity of your design and how quickly you want to get it registered
-The cost of maintaining your patent, which is currently $180 per year for design patents
If you are working with a professional such as a patent attorney or agent, they will typically charge an hourly rate for their services. The total cost of the entire process can therefore range from a few hundred dollars to several thousand dollars.
How to find a patent attorney or agent
There are two ways to get your design patented: by working with a patent attorney or by working with a patent agent. A patent attorney is a lawyer who has passed the patent bar and is therefore qualified to represent you before the Patent Office. A patent agent is someone who is not a lawyer, but who has passed the patent bar and is therefore qualified to represent you before the Patent Office.
If you have a design that you want to get patented, the first step is to find a patent attorney or agent who can help you. There are a few ways to do this:
-You can search for “patent attorneys” or “patent agents” in your city or state.
-You canSearch for “design patents” on the USPTO website. This will bring up a list of attorneys and agents who have registered with the USPTO to practice design patents.
-You can ask your friends or colleagues if they know any good patent attorneys or agents.
Once you have found a few potential attorneys or agents, you should interview them to see if they would be a good fit for your needs. Some things you should ask about include:
-How much experience do they have in filing design patents?
-How much experience do they have in your specific industry?
-Are they familiar with the USPTO’s rules and regulations?
-Do they have any specialties or areas of expertise?
-How much will it cost to hire them?
How to file a design patent application
Design patents are a type of industrial design right. They protect the visual design of objects that are not purely utilitarian. A design patent can be issued for a new, original, and ornamental design for an article of manufacture.
Design patents are a relatively new type of industrial design right. They were first introduced in the United States in 1842, and they have been available in most other countries since the late 19th century. Design patents are now governed by international treaties, such as the Hague Convention on Designs.
Design patents are a type of intellectual property. They are different from utility patents, which protect the functional aspects of an invention, and from plant patents, which protect new varieties of plants. Design patents are also different from copyrights, which protect the artistic aspects of an object.
The owner of a design patent has the exclusive right to make, use, sell, or import the patented design for 15 years from the date the patent is granted.
How to respond to a patent examiner’s office action
An Office action is a letter or email from a patent examiner working at the United States Patent and Trademark Office (USPTO). The purpose of the document is to communicate the examiner’s decision on whether to allow an applicant’s design patent to issue as a granted patent.
If the examiner decides to allow the design patent to issue, the applicant will be notified in an Office action of “Allowance.” If the examiner decides not to allow the design patent to issue, the applicant will be notified of this in an Office action of “Final Rejection.” Additional rejections beyond a final rejection are called “Non-Final Rejections.”
How to maintain your design patent
Design patents protect the ornamental design of an object. If you have a new design for a product, you may want to get a design patent to prevent others from copying your design.
There are three things you need to do to maintain your design patent:
1. Keep your patent up to date
2. Pay maintenance fees
3. Renew your patent every 14 years
If you don’t do these things, your patent will lapse and anyone will be able to copy your design.
Here’s how to keep your patent up to date:
1. Check the status of your patent regularly. You can do this by going to the US Patent and Trademark Office website and searching for your patent number.
2. If there are any changes to your address or contact information, update your record with the USPTO. You can do this by filing a “Patent Assignment Recordation” form.
3. If you make any changes to the design of your product, you’ll need to file a “Design Patent Amendment” form with the USPTO. This is important because it keeps your patent valid and allows you to enforce it against anyone who copies the updated design.
Design patent infringement
Activities that may constitute infringement of a design patent include making, using, selling, or offering to sell a design that is substantially similar to the patented design. In order to prove infringement, the patent holder must show that (1) the alleged infringer had knowledge of the patent, and (2) the design in question is substantially similar to the patented design.
There are a number of ways to prove infringement of a design patent. One way is to show that the accused infringer had actual knowledge of the existence of the design patent. This can be done by showing that the infringer had notice of the patent, either through publicity or advertising, or through personal communication with the patent holder. Another way to prove infringement is to show that the accused infringer copied the patented design. This can be done by showing that there are substantial similarities between the two designs, such as by using a side-by-side comparison.