The design patent application is relatively quick and easy to prepare, especially considering the lengthy process required for a utility patent. Therefore, in the event that a business feels particularly compelled to proceed with a utility patent but is concerned with the amount of time until its completion, it is advisable to file both a design patent and utility patent thus gaining at least preliminary protection almost immediately.
The cost of filing a design patent is fairly inexpensive and is far cheaper than a utility patent. This allows the individual to comfortably proceed with his/her invention and gain legal protection while pondering the cost/benefits of pursuing a utility patent.
There are no Maintenance Fees for Design Patents. This critical advantage is usually not even considered until one learns of the fees involved in maintaining a utility patent. While the latter demands a (hefty) fee every 3.5, 7.5, and 11.5 years throughout the 20 years of its term of service, the Design Patent requires none.
A design patent affords the inventor the very valuable luxury of printing “Patent Pending” on the product. This written declaration of the patent’s legal status may serve as a warning to potential infringing parties that it would be futile and potentially costly to copy this piece of intellectual property. It is in essence a legal warning sign.
There may very well be instances in which an individual’s invention has been infringed upon and a battle in the courtroom seems to be inevitability. With the design patent, the inventor posses a powerful license and tool to present to the offending party. This badge of protection offers a compelling reason for the infringer to settle for due damages instead of ultimately losing in a pricey legal battle.
It requires far less paperwork to be filed than a utility patent. While Utility Patents involve extensive specification, claims, and drawings, a design patent primarily requires a set of drawings with a short description of each.
