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Design Patents

At Great Plains Patent, we recognize the importance of protecting the unique visual aspects of your products. Design patents offer a way to safeguard the ornamental design of an article of manufacture, ensuring that the distinctive appearance of your product is legally protected. Our goal is to help you secure design patents that preserve the aesthetic value of your innovations and provide a competitive edge in the marketplace.

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What is a Design Patent?

A design patent is a form of intellectual property protection that covers the ornamental design of a functional item. Unlike utility patents, which protect the functional aspects of an invention, design patents protect the non-functional visual characteristics, such as shape, configuration, and surface ornamentation, of the design. Design patents are granted for a term of 15 years from the date of grant and do not require maintenance fees.

The Design Patenting Process

1

Idea Conception and Documentation

The first step in obtaining a design patent is to thoroughly document the visual aspects of your design. This includes creating detailed drawings or photographs that clearly depict the unique features of the design.
2

Patent Search

Conducting a patent search may be advisable to determine if your design is novel and non-obvious. This involves searching existing design patents and publications to ensure that your design has not already been patented or disclosed. As with regular utility patents, the same requirements of novelty and non-obviousness are required for design patent protection. However, with a design patent, what is evaluated are the non-functional, ornamental aspects of the designs. These can be aspect ratios, relative dimensions and placements of features, curvature characteristics, or any other stylistic aspects that do not specifically contribute to the overall function of the design.
3

Design Patent Application Preparation

The design patent application requires a set of drawings or photographs that accurately represent the design. These illustrations must comply with specific formatting requirements set by the United States Patent and Trademark Office (USPTO). Additionally, a brief description of the design and its unique features is included.
4

Filing the Design Patent Application

The design patent application is filed with the USPTO, establishing the filing date. This date is important as it sets the priority for your design.
5

Patent Examination

After filing, the design patent application undergoes examination by a patent examiner. The examiner reviews the application to ensure it meets all legal requirements and that the design is indeed novel and non-obvious. This process may involve correspondence with the examiner to address any objections or rejections. The examiner will use what is referred to as the “ordinary observer” test to adjudge the patentability of your design drawings over the cited references.
6

Patent Grant

If the patent examiner is satisfied with the application, the design patent is granted, and you receive the official patent document. This grants you the exclusive rights to the ornamental design for the duration of the patent term. There are no additional maintenance fees for design patents, unlike with utility patents.
7

Enforcement

Once granted, you have the right to enforce your design patent against unauthorized use, ensuring that your unique design is protected from imitation and infringement.

What Do Design Patents Cost?

Design patents typically cost between around $2,000-4,000 to prepare and file, depending upon the nature of the design, the number of embodiments, and so on. Professional drawings are required and are usually prepared by a qualified draftsperson. Depending upon the prosecution, the remaining costs to issuance may be on the order of an additional $1,000-4,000. Design patents can be particularly valuable for consumer products and other elements that are commercially offered online (such as Amazon, Ali-Baba, etc.), since these online retailers are willing to use aggressive takedown notice approaches for products covered by a design patent.

Why Use Us?

We, the Attorneys at Great Plains Patent, each have decades of IP experience working in a wide variety of technical areas, and are committed to providing you with the highest quality legal services at reasonable costs. Most work is flat-fee based, so you will know up front what to expect. We are responsive, client-oriented, and committed to your success.

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