You’re inventive. You designed a product that you think will shake up the market. You have competitors, but your design is unique. You have a competitor’s edge. But how do you protect it? A design patent can help. Read on to find out how you can get 14 or 15 years of patent protection.
What is a Design Patent?
Keep in mind that a design patent can only protect the ornamental design of your product. A design patent cannot protect how it functions. A design patent is most often applied when a competitor’s product has a similar function but a different design. Your innovations on your product’s design help protect it and will guarantee you 14 or 15 years of design protection. There are no government maintenance fees or filings required to maintain full protection for the period of time the design patent is granted. A design patent cannot be renewed.
The Difference Between a Design Patent and a Utility Patent
As aforementioned, a design patent can only protect the ornamental design of your product. Every product has a function(s) and design properties. A utility patent covers the function but not the design. A product can, however, have both a design and utility patent if both the design and function are new. That’s why it’s important to know the difference.
How to Register for a Design Patent
A design patent must have 7 figures including a 3-D view and front, back, right side, left side, top, and bottom views. You may add additional figures depending on the complexity of your design. The figures must comply with the United States Patent and Trademark Office. Photographs of your product are not permitted. It is recommended that you use mechanical drawings and consult an experienced draftsman who knows the USPTO rules, if necessary.
Additionally, if consulting a patent attorney, you must sign a Power of Attorney and a Declaration to allow the attorney to act on your behalf. If you’re working for a company or you have licensed your design to a company than you’ll likely be asked to sign an agreement that will transfer ownership of the design patent to the company.
What Are the Fees for Registering for a Design Patent?
Once your application has been accepted by the patent examiner you must pay an issue fee. The fee can range from $350 if you are a small entity to $700 for a large entity. If you’re working with an attorney there may be additional fees to ensure that your product gets accepted, is reviewed for accuracy and ultimately mailed to you.
How Long Does It Take for a Design Patent to Be Issued?
While the time varies, on average it can take between 12 and 18 months for the patent to be allowed. Once allowed, that is when you pay the issue fee. Once this happens, your design patent will be issued and mailed to you within 1 to 2 months.
Applying for a design patent can be the beginning of an exciting path on a journey to entrepreneurship. It may seem daunting but once accepted, the options are endless.
