Key Takeaways:

  • Design patent costs vary depending on entity size, with basic USPTO fees ranging from $190 (micro-entity) to $760 (large entity).
  • Legal assistance for filing a design patent can cost between $1,500 and $3,000.
  • Patent drawings are crucial to approval and typically cost around $600.
  • Filing a patent within 12 months of public disclosure is essential to protect the design.
  • Failure to secure a design patent leaves designs open to replication without legal recourse.
  • Additional fees may apply for expediting the process, late payments, or extra claims.
  • Patent duration is 15 years, with no maintenance fees after approval.

How Much Does a Design Patent Cost?

The basic filing fee for a design patent application is $760 for a large entity. A small entity's fee is $380, while a micro-entity's fee is $190. If you hire a patent lawyer to assist with preparing documents and filing the design patent application, the cost could be around $1,500-$3,000.

The cost of a design patent is much less than the cost to get a utility patent. There are a few reasons that inventors and designers opt for design patents instead of or along with utility patents.

Utility patents cover the way a manufactured product is used and works, while a design patent protects the unique ornamental design. One of the main reasons you might choose a design patent is if you created a new and different design for something that's already patented.

Without a design patent, nothing prevents other companies or individuals from directly copying your design. Leading auto and apparel manufacturers file design patent applications on just about every item they make. They're not trying to patent a shoe, a seat within a car, or a steering wheel; instead, they're protecting their unique designs from being stolen.

Some of the most important aspects of a design patent application are the drawings used to showcase the design. Unless you are familiar with exact requirements and specs for patent drawings, it's best to hire a professional. The cost for high-quality and professional patent drawings is about $600.

Understanding Entity Classification and Fees

The USPTO design patent fees depend on the applicant’s entity classification:

  • Large entity: $760 filing fee
  • Small entity: $380 filing fee
  • Micro-entity: $190 filing fee

To qualify for micro-entity status, applicants must meet specific criteria, including income limitations and a cap on prior patent applications. The issue fee for a design patent is also tiered:

  • Large entity: $560
  • Small entity: $280
  • Micro-entity: $140

Additional fees apply for late filings, extensions, and expedited examination. If a designer opts for professional assistance, legal costs can range from $1,500 to $3,000, depending on complexity.

Why Is Design Patent Cost Important?

Understanding the design patent cost upfront helps avoid unpleasant surprises. Some inventors find themselves in dire financial situations because they didn't know how much it would cost. You don't want to bankrupt your new company with a design patent cost.

If the cost to file for a design patent is too much, you have a couple of options. You can introduce your product to the public and partner with investors. Some inventors and designers opt to use crowdfunding websites to raise enough money to file for a design patent. Another option is to wait to show your idea until you can save enough money for the design patent cost.

A design patent cost is typically quite a bit lower than a utility patent. The average approximate cost for a basic mechanical utility patent is $3,500. But a complex mechanical could cost $4,000 or more.

Cost-Saving Strategies for Filing a Design Patent

Applicants looking to minimize costs can consider:

  • Self-filing: While possible, this requires thorough knowledge of USPTO guidelines, especially regarding drawings.
  • USPTO Pro Se Assistance Program: Provides help for applicants filing without an attorney.
  • Crowdfunding or investors: Some inventors raise funds via Kickstarter or similar platforms before filing.
  • Patent law clinics: Many universities and organizations offer free or low-cost patent assistance for qualifying applicants.

Deadline

Like other patent applications, inventors have 12 months to file a design patent application. However, you have 12 months to file from the first time you introduce your design on a public scale. A public launch includes a trade show. If any information about the product is published in a journal, magazine, book, or other publication, this also represents a public introduction.

If you don't file your design patent application within that one-year period, you lose the chance to patent your design. Keep careful track of the timeline. If you miss it by even a few days, you can't obtain a design patent.

The term of a design patent is 15 years from the filing date. Once a designer receives approval from the USPTO, there are no additional maintenance fees or other fees required to keep it current.

There are fees associated with late payments and payments after the expiration dates. A late payment that's paid within six months of the due date will come with a fee of $160 for a large entity, $80 for a small entity, and $40 for a micro-entity. Unavoidably late payments don't have fees. However, unintentional late payments after the expiration date have fees of $1,700 or $850, respectively.

Expedited Processing and Accelerated Examination

For those needing faster patent approval, the USPTO offers expedited options:

  • Rocket Docket (Prioritized Examination): Costs an additional $1,640 for large entities or $820 for small entities. Micro-entities do not qualify.
  • Petition for Accelerated Examination: Requires extensive documentation and costs an additional $140 for small entities.

Expedited processing can reduce the approval timeline from 14-18 months to as little as 6 months.

What Could Happen When You Don't Understand the Design Patent Cost?

Designers and inventors who don't understand the design patent cost might never file an application. If you choose to hire a legal professional for the design patent process, the cost is higher, but it comes with several benefits.

A good patent lawyer understands the process of filing an application. He or she will also know how to search the database extensively to see if a design similar to yours already has a patent. Finding this early in the process could save you time and money.

You also want to understand the design patent cost clearly before you start the application. While the application fee isn't high, there are other costs down the road. After you get approval from a design patent examiner, you'll have to pay an issue fee of $560. Small entities qualify for a discounted issue fee of $280 and micro-entities qualify for a discounted issue fee of $140.

Working with a patent attorney also brings more cost. However, the attorney will work on the design patent through the entire process. Some designers receive a patent and then learn it doesn't cover all the aspects of their designs. You don't want to spend the time and money only to find that your patent won't protect your design.

Comparing Design Patents to Utility Patents

Many applicants debate whether to pursue a design or utility patent. Here’s a comparison:

Feature Design Patent Utility Patent
Protects Aesthetic design Functionality & process
Duration 15 years 20 years
Average Cost $1,500 - $3,000 $7,000 - $15,000
Examination Time 12-18 months 24-36 months
Maintenance Fees None Required every 4 years

Many businesses opt for both patents if their product has unique aesthetics and functionality.

Common Mistakes

One common mistake a designer can make is failing to submit the design patent application within the time frame. If you do so, you lose the chance to file a patent on your design. Other businesses and people can copy your ideas without breaking any laws. If you are thinking about patenting your design, act quickly. You don't want to spend months putting the paperwork together, and then miss the 12-month window.

Another mistake related to design patent cost is not understanding all the fees. The application fee is only one portion of the cost. You could also pay fees for extra claims, faster examination, late filing, and publication. Designers must pay for the review process and maintenance fees after receiving a patent.

Ensuring Proper Patent Drawings

Many design patent rejections stem from incorrect or incomplete drawings. USPTO strictly enforces formatting rules, requiring:

  • Black-and-white line drawings (unless grayscale or color is needed).
  • Multiple views (front, back, top, bottom, left, right, perspective).
  • Consistent proportions and shading to represent depth.

Professional patent illustrators charge between $100 to $600, but investing in high-quality drawings can reduce the risk of rejection.

Frequently Asked Questions

1. How much does a design patent cost with an attorney?

Expect to pay between $1,500 and $3,000, including legal fees and USPTO filing costs.

2. Can I file a design patent without a lawyer?

Yes, but it's risky unless you thoroughly understand USPTO guidelines. Improper filings can lead to rejection.

3. How long does it take to get a design patent?

Most applications take 12-18 months, but expedited options can shorten this to 6 months.

4. What happens if I miss the 12-month deadline?

You lose the right to file a design patent, making your design available for public use.

5. Can I get both a utility and design patent?

Yes. A design patent protects the appearance, while a utility patent protects function. Many inventors file for both to ensure full protection.

Steps to File

You can review a sample design patent application form here.

If you have any questions about filing a design patent, post your legal need and get free custom quotes from lawyers at UpCounsel's marketplace. The top 5 percent of lawyers, stemming from schools such as Yale Law and Harvard Law, are available to assist you. Their years of experience, including corporate work with companies such as Google, will prove beneficial to your needs.