A design patent protects the ornamental appearance of an invention, which means how a product looks and not how it works. So, filing a design patent application is essential if you want to prevent someone from copying the appearance of your product. Also, the application helps the patent office to understand the shape and configuration of the article. Furthermore, one should not include the textual description of the design. Instead, the design patent application helps in protecting the ornamentation of the product.
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Design Patent: Key Points
If there is no relationship between two or more articles, then one can say designs are independent. For example, a pair of eyeglasses and a door handle are independent articles. Hence, their claim must be in separate applications.
The elements of a design patent consist of:
- One needs to mention the name, title design, the description of the invention in brief, and the preamble. Also, one must mention the intended use of the article in which the design is embodied.
- Cross-reference to related applications.
- Federally sponsored research or development statement.
- Description of the figures of the drawing.
- Feature description.
- A single claim.
- Drawings or photographs.
- Executed oath or declaration.
Benefits of Patent Illustrations:
Design Patent Illustrations helps the owner to protect the ornamental appearance of a product. Moreover, it also helps in protecting structural appearance to ensure that it appears to the eye of the consumer. For design patent applications, the drawings themselves are the claims. Also, one must make sure that the application precisely explains the extent of the novel design. One needs to figure out design patent illustrations in black-and-white line drawings. Also, to file colored drawings or photographs instead of black and white drawings, filing a petition for it becomes essential.
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How long does a design patent last?
For design applications on or after May 13, 2015, the term is 15 years after issuance without the need for maintenance fees. Moreover, May 13, 2015, is the effective date of this change; three months after the US deposited its Instrument of Accession with WIPO.
How much does a design patent cost?
Design patents are typically cheaper and quicker to obtain than utility patents. If the applicant is a small entity, then the applicant may pay USPTO filing fees that are 50% as compared to a large entity. Also, the USPTO fees for the initial filing of a design patent total $380. It includes the basic filing, search, and examination fees for a design.
There is a significant importance of the illustrator’s cost for filing a design patent application. Moreover, patent illustrators may charge for each sheet of drawings (e.g., $75 to $100 per sheet). They also charge for the entire set of drawings which may range from $250 to $750.
Factors to Consider before filing the Design Patent Application:
One needs to satisfy certain requirements to get a patent for a design application. So, we will discuss some points that are important while filing a design patent.
- The subject of the design should be clear. It is important to quote aesthetic skill and artistic conception.
- The design should be completely innovative and novel to get the patent grant.
- It must satisfy the entire ornamental standards.
- One must make sure that the design doesn’t come up as a prior art. It should be non-obvious.
- One can obtain a design as well as a utility patent for the same invention by filing a divisional application.
- One can always get a trademark if the design is an embodiment of an article.
- A thorough patent search before applying for a design patent avoids infringement as well as rejection of the application.
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