A design patent protects the physical appearance of an invention, which means how a product looks and not how it works. Design patents are typically cheaper and quicker to obtain than utility patents. Filing a design patent application is essential if you want to prevent someone from copying the appearance of your product. The subject matter of a design patent application may relate to the configuration or shape of an article. It does not include a listing of any structure or any textual description of the design. Instead, it simply protects the design of the product.
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Key Points to Remember
Designs are independent if there is no apparent relationship between two or more articles. 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:
- Preamble, stating the name of the applicant, title of the design, and a brief description of the nature. Also, one must mention the intended use of the article in which the design is embodied.
- Cross-reference to related applications.
- Statement regarding federally sponsored research or development.
- Description of the figures of the drawing.
- Feature description.
- A single claim.
- Drawings or photographs.
- Executed oath or declaration.
Key Benefits of Design Patent Illustrations:
Design patent Illustrations protect the structural and ornamental appearance of a product as it appears to the eye of the consumer. For design patent applications, the drawings themselves are the claims. It means that it is the drawing’s job to visually and precisely define the extent of the novel design. One needs to figure out design patent illustrations in black-and-white line drawings. If an applicant seeks to file color patent drawings or color photographs instead of black-and-white drawings one needs to file a petition.
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How long does a design patent last?
For design applications on or after May 13, 2015, the patent term is 15 years after issuance without the need for maintenance fees. 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 large entity. 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.
Illustrator fees may be a significant component of the cost of filing a design patent application. 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:
There are some requirements for design in an IP to qualify for a grant. We will discuss some points that are important while applying:
- 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.
- If the design is an embodiment of an article, one can get a trademark for it.
- A thorough patent search before filing an application for design patent avoids patent infringement as well as rejection of the application.
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