You’ve worked hard on your design. You want to make sure it’sprotected. But how do you get a patent on a design?
Our patent design process is simple and straightforward. We can help you protect your designs and ensure that you get the credit you deserve. Contact us today to learn more.
Introduction: Protect Your Designs with Our Patent Design
Design patents are an important tool for protecting the unique appearance of products. A design patent can cover the ornamental design of a functional item, such as a lamp, chair, or vase. Design patents are also used to protect non-functional items, such as patterns and designs on fabric or wallpaper.
To get a design patent, you must apply to the United States Patent and Trademark Office (USPTO). The USPTO will review your application to make sure it meets all the legal requirements. If it does, the USPTO will issue a design patent that gives you the right to prevent others from making, using, or selling your design.
Design patents are different from utility patents, which protect how something works. For example, a utility patent would protect a new type of engine, while a design patent would protect the unique looking of a car that uses that engine.
You can learn more about design patents by reading our article on How to Get a Patent on a Design.
What is a Patent?
A patent is a form of legal protection that gives an inventor the exclusive right to make, sell, or use their invention for a certain period of time. In exchange for this exclusive right, the inventor agrees to share information about their invention with the public.
Patents are granted by the government and are regulated by federal law. To get a patent, an inventor must file a patent application with the US Patent and Trademark Office (USPTO). The USPTO will then review the application to make sure it meets all the legal requirements. If it does, the USPTO will issue a patent.
There are three types of patents: design patents, utility patents, and plant patents. Design patents protect the appearance of an invention, while utility patents protect the functionality of an invention. Plant patents protect new plant varieties.
Getting a patent is a complex process, and it can take several years to get one. Inventors should only pursue a patent if they are serious about commercializing their invention.
How to Get a Patent on a Design
To get a design patent, you will need to be the original creator of the design, and it must be new and not obvious to someone in your field. You will also need to be able to prove that your design is unique and that it functions as intended.
If you meet these requirements, you can file a patent application with the USPTO. The application process can be complicated, so it’s important to have all of your documentation in order before you begin.
You will need to include a drawing or photographs of your design, as well as a detailed description of how it works. You will also need to pay a filing fee. Once your application is submitted, it will be reviewed by a patent examiner.
If your design is approved, you will be issued a design patent that will protect your rights to the design for 14 years.
The Benefits of a Patent
A design patent protects the ornamental design of an object. The United States Patent and Trademark Office (USPTO) grants design patents for a term of 14 years from the date the patent is issued.
Design patents are a valuable business asset. They can be sold, licensed, or used as collateral for a loan. A design patent can also give its owner the exclusive right to make, use, or sell an ornamental design for 14 years—preventing others from copying or profiting from the design.
In order to get a design patent, an applicant must file a patent application with the USPTO, pay the required fees, and agree to comply with all requirements and regulations.
The Drawbacks of a Patent
Patenting your design has some drawbacks. The primary one is the cost. A design patent application can cost several thousand dollars to prepare and file, and you will need to pay maintenance fees every few years to keep the patent in force.
Another drawback is that a design patent will only protect the way your design looks, not the way it works. If someone wanted to make a camera with a very similar design but different internal components, there would be nothing to stop them.
In addition, design patents can be difficult to enforce. It can be hard to prove that someone has copied your design, and even if you do win a lawsuit, damages are often limited to the profits you have lost as a result of the infringement.
How to Enforce Your Patent
You have a limited time to enforce your patent rights. For design patents, the term is 15 years from the date the patent is granted. For utility patents, it’s 20 years from the date of filing.
If you wait too long, you might not be able to enforce your patent at all. For example, if someone starts using your design after your patent expires, you might not be able to do anything about it. In some cases, you might be able to stop them by showing that they copied your design from a protected work — even if your patent has expired.
To enforce your patent rights, you will need to hire a lawyer and file a lawsuit in federal court. This can be expensive, and there’s no guarantee that you will win. If you do win, the court may order the other party to pay damages, which can include:
-Your lost profits
-The other party’s profits
-A reasonable royalty for use of your patent
-Your attorney’s fees and costs
How to Avoid Infringing on Others’ Patents
You can avoid infringing on others’ patents by doing a patent search, which is a thorough search of U.S. and international patent databases to find all patents that may cover your invention. The databases you search will depend on the type of invention you have and where you plan to market it. For example, if you have amemorandum mobile app for taking notes, you’ll want to do a comprehensive search of U.S., European, and Asian databases since app markets are global.
There are many online services that will do a patent search for you, but you can also do it yourself for free using Google Patents, the U.S. Patent and Trademark Office’s website, and other international patent databases.
Once you find relevant patents, read them carefully to make sure your invention doesn’t infringe on any of the claims in the patents. If you’re not sure whether your invention infringes on a patent, you can consult with a patent attorney or agent to get their opinion.
Conclusion: The Pros and Cons of Patenting Your Design
Patenting your design can be a great way to protect your investment and discourage others from copying your work. However, there are some potential downsides to consider before you decide to pursue a patent. Firstly, the process can be costly and time-consuming. Secondly, there is always the risk that your design could be rejected by the patent office. Finally, once your design is patented, you may need to take action to enforce your rights if someone does copy your work.
FAQs
How do I get a patent on a design?
The patent process can be complex, but we can help simplify it for you. In order to patent your design, you will need to file a design patent application with the USPTO. The USPTO will then review your application to determine whether or not your design is eligible for protection. If it is, they will issue you a design patent.
What are the benefits of getting a patent on my design?
There are several benefits to getting a patent on your design, including:
-It will give you exclusive rights to commercialize your design.
-It can serve as a deterrent to potential infringers.
-It can help you raise investment capital.
-It can increase the value of your business.
What does it cost to get a patent on my design?The cost of getting a patent on your design will vary depending on several factors, including the complexity of your design and the number of designs that you are seeking to protect. However, we offer affordable patenting services that can fit any budget. Contact us today to learn more about our pricing options.
Resources
A design patent protects the ornamental design of an object. You can get a design patent on anything from the shape of a coffee mug to the design of a computer.
There are three main types of design patents:
-Product Design Patents: These patents protect the ornamental design of a physical object.
-Icon/Graphic User Interface (GUI) Design Patents: These patents protect the graphical user interface (GUI) of a software application or website.
-Package Design Patents: These patents protect the ornamental design of a product packaging, such as the shape of a detergent bottle or the design of a cereal box.
To get a design patent, you will need to file a patent application with the USPTO and pay the required filing fee. The USPTO will then review your application to make sure it meets all the legal requirements for a design patent. If your application is approved, your design will be published in the Official Gazette, and you will be granted a design patent.