A design patent application protects the ornamental appearance of an article of manufacture . ... Rather than an involved detailed description of the invention, design patent applications rely exclusively on drawings of the invention’s appearance for the description and claims.
What qualifies as a design patent?
To qualify for a design patent, the subject must be new in the sense that no single, identical design exists in the prior art, it must satisfy the ornamental standards, and it must be original to the inventor or inventors seeking protection .
What is a design patent used for?
In other words, a design patent provides protection for the ornamental design of something that has a practical utility . In the United States, that means an item that is substantially similar to something that has the protection of a design patent may not be made, copied, used or imported into the country.
What is the difference between a patent and a design patent?
What is a utility patent vs design patent? A utility patent protects the functional aspects of an article, i.e., the way the article works and is used, whereas a design patent only protects the ornamental appearance of an article, such as its shape, configuration and/or its surface ornamentation .
How do design patents work?
A design patent merely protects the appearance of the tangible article . ... In general terms, a “utility patent” protects the way an article is used and works, while a “design patent” protects the way an article looks. Therefore, design patents are made up of drawings that show the invention and very little text.
What are the 3 types of patents?
The three types of patents are utility patents, design patents, and plant patents . A utility patents protect the function of a composition, machine, or process.
Is a design patent worth it?
Design patents are worth it if you have a design that makes your product or article sell . Said differently, if your design encourages your customers to purchase your product, then obtaining a design patent for your product may be worth investing your time and money.
How can I patent a design for free?
- Keep a Written Record of Your Invention. Record every step of the invention process in a notebook. ...
- Make Sure Your Invention Qualifies for Patent Protection. ...
- Assess the Commercial Potential of Your Invention. ...
- Conduct a Thorough Patent Search. ...
- Prepare and File an Application With the USPTO.
How long does it take to get a design patent?
The patent process for a design patent will take about 9 months to 14 months after it is submitted to the USPTO. If there are rejections or issues with the design patent application, then the process could take longer.
How do you get a design patent?
Inventors are encouraged to search the USPTO’s patent database to see if a patent has already been filed or granted that is similar to your patent. Patents may be searched in the USPTO Patent Full-Text and Image Database (PatFT).
How much does a design patent cost?
The basic filing fee for a design patent application is $760 for a large entity. A small entity’s fee is $380, while a micro-entity’s fee is $190. If you hire a patent lawyer to assist with preparing documents and filing the design patent application, the cost could be around $1,500-$3,000.
How much does a patent cost?
A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.
How do you know if a patent is utility or design?
You can tell if a patent is a utility or design patent by looking at the patent number . If the patent number starts with a “D,” (ex. D91823) then it is a design patent, if the patent number is only comprised of numbers (ex. 8,029,027), then it is a utility patent.
Can you patent a design process?
Processes are patentable under the U.S. Patent Act if they meet certain criteria. A process patent is a form of utility patent that covers methods of changing the functionality or characteristics of a material during a particular use.
Can I patent a shape?
You can get a design patent under 35 U.S.C. § 171 for visual ornamental characteristics embodied in a manufactured item. ... The application for a design patent can relate to the configuration or shape of a manufactured article, to its surface ornamentation, or to some combination of these.
How can I get a patent with no money?
Do-It-Yourself (Draft it and File it Yourself)
United States Patent and Trademark Office (USPTO) is designed to allow individuals to get a patent themselves without the help of a lawyer. You can write the patent yourself, submit it and pay the filing fees.
