Key Takeaways

  • A design patent search is essential to avoid infringing on existing design rights.
  • Free and advanced search tools, such as the USPTO Patent Public Search (PPUBS), offer access to U.S. design patents.
  • The USPTO Design Search Code Manual helps users search based on visual features rather than keywords.
  • Advanced search techniques require understanding of classification codes and structured search syntax.
  • Failing to perform a thorough search can lead to wasted filing fees and application rejection.

What Is a Design Patent Search?

A design patent search involves searching existing patents to make sure your design has not already been patented. A design patent is available for original, new, and ornamental designs for an item. It lasts for 14 years from the filing date. It also allows an inventor to create a new way to design an existing product. The design patent protects this unique design without changing the patent on the item.

There are a few common areas that design patents exist, although you can find them across just about every industry. The most common are furniture, hardware, tools, food preparation, sporting goods, toys, games, and communication equipment.

A design patent is often confusing because inventors aren't sure if they need this or a utility patent. The main difference is that a utility patent covers the entire product, while a design patent only protects the design. One example is a tissue with a new embossed design. The tissue probably isn't patentable because it's been around for decades, but a designer might create a unique embossed design in the tissue and qualify for a design patent.

Before you apply for a design patent, it's crucial to perform an extensive design patent search. Applying for any type of patent is time-consuming and expensive. Before you start the process, make sure the patent doesn't already exist.

If you're considering applying for both a design patent and a utility patent on the same invention, you'll need to conduct thorough searches in both databases.

How to Use USPTO Design Patent Search Tools

The USPTO offers several tools for conducting a design patent search, with the most robust being the Patent Public Search (PPUBS) system. This web-based platform provides free access to full-text and image file wrapper data for U.S. patents and applications.

When searching for design patents, the most relevant data comes from images rather than keywords. Therefore, users are encouraged to use the Design Search Code Manual, which classifies design features using numerical codes (e.g., 02.01.01 for human head designs). You can locate similar design elements using these codes.

To access PPUBS:

  1. Visit USPTO Patent Public Search.
  2. Choose between Basic Search and Advanced Search.
  3. In Advanced Search, you can use field codes such as DCC/02.01.01 to search design classes.
  4. View and compare the illustrations of similar existing design patents.

The Advanced Search tool allows combining criteria using Boolean logic (e.g., DCC/02.01.01 AND APT/35 for design applications in class 35). This ensures a more refined, targeted search.

Why Is Design Patent Search Important?

A design patent search is important because it will prevent you from copying a patent that already exists. There are many websites you can use to search for existing design patents. Be careful when performing your own search, though. Some of the websites have restrictions and won't find all existing design patents.

You can perform a search at the nearest United States Patent and Trademark Office (USPTO) library. If you're not within close range to a physical library, you can also use Google Patent Search and the USPTO website. Paid design patent search service options, such as Simple Patents and Quick Patents, may produce more results. The cost to use one of these search tools is between $175 and $300, based on complexity and services.

It is difficult to search by keyword when performing a design patent search. An application's most descriptive portions are the drawings. Therefore, you'll need to conduct a more thorough search of the images.

Many inventors find that design patents already exist for their ideas while doing a search. This helps save time and money in the design patent process.

Reasons to Consider Using Design Patent Search

Every inventor should conduct a design patent search before filing a design patent application. Before you start, it's important to understand that the database has hundreds of thousands of patents. It is often overwhelming for inventors trying to find existing patents. This is because the USPTO database contains all public patents. Furthermore, the site may be slow to load and hard to navigate. The Google Patent Search option is faster but may not include every existing patent.

You may also have trouble locating design patents similar to your idea. For many people, not finding an exact match tells them they're free to pursue a design patent, which isn't always the case. An experienced legal professional has access to more resources.

If you're serious about pursuing a design patent, it's best to consult with a patent lawyer. He or she can review your design and compare it to granted patents over the past 14 years. After the review, you will know if you have a good case for a design patent.

Recommended Search Strategy for Beginners

Beginners can streamline the search process by following a systematic strategy:

  • Step 1: Identify key features of your design. Focus on shape, configuration, or ornamental appearance.
  • Step 2: Use the Design Search Code Manual to locate the corresponding visual classification codes.
  • Step 3: Search by Design Code in the USPTO’s Patent Public Search tool to find similar patents.
  • Step 4: Review drawings and images, as these are critical in design patents.
  • **Step 5: Refine your search by date range, assignee, or inventor, if needed.

If needed, you can also use Google Patents for a more visual-first search, though results may be incomplete. For international design protection, consider the Hague Express Database for WIPO filings.

Deadline

If you have displayed your design in a public setting, the application must be filed within 12 months. This could include a display at a show or a drawing of the design published in any type of publication. If you have never shown the design publicly, there is no timeline. However, you risk your design idea being stolen while it's not protected.

What Could Happen When You Don't Do a Design Patent Search?

Without conducting a thorough design patent search, you may submit an application for something that's patented. Even if you've never seen a design on a certain product before, don't think it doesn't exist.

The process of applying for a design patent includes an application fee. You don't want to spend the money on this fee for something that isn't patentable. It can also take several years to receive approval on a patent application.

USPTO Design Patent Search FAQs and Video Resources

The USPTO offers helpful learning tools for new users, including video demonstrations and FAQs. A recommended resource is the recorded video: Using Patent Public Search Advanced to Search Designs, which walks users through structured search methods, especially using the Advanced interface.

Key features highlighted in the video include:

  • Navigation of PPUBS' dual-pane interface for reviewing results.
  • Using truncation and wildcards in text fields for broader searches.
  • Accessing archived drawing files and status information.

These tutorials help demystify the complex process of design patent searches and offer real examples.

Common Mistakes

  • Not performing an extensive design patent search. A patent attorney will know the most about existing patents and how to find them, but you can start by searching on your own. Use different keywords and their variations to look for similar designs.
  • Using only one database for your search. Some of the free online resources only provide basic search functions. You might think that nothing like your design exists because the search produces no results. Using a more advanced search tool might find more patents or pending applications that directly compete with your idea.

Before you consider filling out a design patent application, conduct a thorough design patent search. The process might seem tedious, but it could save you a lot of time, money, and frustration.

Frequently Asked Questions

  1. What is the best tool for a design patent search?
    The USPTO’s Patent Public Search (PPUBS) system is the most authoritative and comprehensive tool available.
  2. Can I search for design patents by image or drawing?
    Not directly by uploading images, but you can use the Design Search Code Manual to find similar visual elements.
  3. Is a design patent search mandatory before filing?
    It's not legally required, but highly recommended to avoid duplicating existing designs and losing filing fees.
  4. What if I find something similar during my search?
    Consult with a patent attorney to assess whether your design is sufficiently unique to be patentable.
  5. How do I search for international design patents?
    Use the Hague Express Database for design patents filed under the Hague Agreement.

If you have any questions about performing a design patent search, post your legal need to get free custom quotes from one of the lawyers on UpCounsel's marketplace. With an average legal experience of 14 years, as well as working with or on behalf of companies such as Google and Airbnb, you can be sure you'll receive practical and applicable assistance.