Need Design Patent Help?

Do you have an invention with a great design? Something that you need to make sure is protected? Well, you have come to the right place for your design patent help.

Here is a simple chart to describe the Pro’s and Con’s of a design patent:

PRO’S	CON’S
Relatively Inexpensive.	Only protects the visual element of the invention.
After you file your application, you have a “patent pending” status.	There is only a 14-year duration period of the patent. (Versus the 20-year duration of a utility patent)
Protects items with appealing aesthetic qualities.	Does not protect HOW the invention works, so you will need an additional utility patent if you want to protect the ‘HOW’.
The filing and preparation fees are less expensive than the fees for a utility patent.	The drawings are more expensive because of the importance they hold in the application.

A design is the visual and ornamental characteristics that are a part of or on an item to be manufactured.  The way that an object is created to appear, is the design for the object.

What do Design Patent’s Protect?

Design patents are filed to protect the way that an object looks. AND ONLY THE WAY IT LOOKS!

When filing a design patent, the subject matter should describe the visual elements.  As detailed as you can possibly get, the shape of the element and the surface ornamentation should be well described. An ornamental design can be embodied into the entire object or it can be applied to it. Each application can only have a single claim. (37 CFR § 1.153)

It is not okay to file a design patent for an item that is going to be manufactured dictated primarily by function. If at the time that it was designed, there was not a distinct shape or design not dictated by the function, it is improper. (35 U.S.C. 171)

Patent law provides the granting of a design patent to any person who has invented any new, original and ornamental design for an item to be manufactured.

When granted, the design patent protects the appearance of the item and NOT the structural or utilitarian features.

*Note to the reader: If you have gotten this far and you are still wondering if you are in need of a design patent, ask yourself this- “Is the way that my invention looks, what I want to patent?” If the answer is yes, keep reading.

The USPTO does not require all of these steps but they recommend many of them, so we are going to go through all of the steps that they recommend an application for a design patent have.

1)      The Preamble:

• This element introduces the invention and the inventor to the person analyzing the application. It should include the name of the applicant, the title of the design, and a brief description of the intended use for the item of which the design is created for. This information will be printed on the patent; therefore it is extremely important to make this look nice.
• When deciding upon the title of the design, make sure that the name identifies the item in which the design is used on. This will be the name publically known.

2)      Cross-Referencing:

-          Unless included in the application data sheet, provide a cross reference to related applications.

3)      Statement regarding federally sponsored research or development.

4)      Description of the figure(s) of the drawing:

• These are indications of what each view of the drawing represents.  Since the drawing is typically the best description for a design, a specified description is not typically necessary but is not prohibited.
• These descriptors should be included if there are portions of the design that are not included in the drawing, or if there is a part of the design that is not supposed to be patented.
• If not included in the preamble, this is also where you would denote the nature and environmental use of the design.

5)      Feature Description.

6)      A Single Claim:

• Definition of the design which the applicant is wanting to patent, in terms of the item that is being embodied of applied.
• Must be in formal terms and consistent with the title of the invention.

7)      Drawings or Photographs:

• The drawing disclosure is the most important part of a design patent application. The application MUST include either a drawing or a black and white photograph of the design.
• It is extremely important to make the drawing or photograph easily understood without any part of the design being left to the imagination.
• Drawings are to be in black ink on white paper.
• Applicants should refer to the USPTO rules and requirements for the drawings and photographs. (37 CFR §1.84(b)(1) and §1.152)

8)      Executed oath or declaration:

• This is a required statement of the applicant of compliance with the requirements set forth by the USPTO in 37 CFR §1.63.

After you have completed and submitted your application, all you have to do is wait. If for some reason you need to communicate with the USPTO office, you will need to make sure that you have the following information available:

1.      Application number.

2.      Group art unit number.

3.      Filing date.

4.      Name of the examiner who prepared the most recent Office action.

5.      Title of the invention.

Preparing your application for your design patent will be time consuming, but worth the effort.  Remember to be thorough and extremely descriptive!