Are you a small business owner in Chicago looking for counsel on how to protect your product designs by filing for a design patent? If so, today’s article is what you need! We’re here to answer your frequently asked questions, dispel any myths, and provide a comprehensive breakdown of all the basics you must know in order to adequately protect and monetize your designs.

An effective design patent can help guarantee the creative integrity of your commercial product designs for up to 14 years. The right patent portfolio set up can not only protect your designs, but also extend the life of your patents and maximize its commercial value across multiple industries. As it stands, a design patent does not offer the same protection as that of a utility patent, but applications should still be taken seriously and navigated carefully.

Understanding the requirements of a design patent can not only save you a lot of time during the application process, it can help you spot any red flags that you ought to avoid in order to maximize your portfolio’s value. With that said, let’s begin and answer the commonly asked questions about US design patents.

What are the three requirements for a valid design patent?

An invention with valid design patent must meet three primary criteria to secure an approval from the US Patent and Trademark Office. First and foremost, the design must be new and distinctive when compared to any prior designs. It should not be too similar in its overall look and feel to any existing designs.

In addition, it should also be useful to some degree and its purpose should be one that the public can appreciate and understand. Finally, the claim must be clear and concise. However, if the claims are too broad, then they can end up blocking other designs and patent applications from being approved.

How long does a design patent last in the US?

Design patents in the United States are generally granted for 14 years after the filing date of the patent application and can be renewable for an additional 14-year period. This means, if you have a successful design patent, and it is well maintained for its full 28-year life, it can potentially be the basis for large licensing fees.

Is a design patent approved immediately?

Ideally, the design patent should be defended and approved immediately so that you can maximize the time available on the patent as a whole. Unfortunately, it’s not always a guarantee. It normally takes anywhere from 18 to 24 months for the patent to be approved, so its important to be well-prepared when filing for a design patent.

Is a design patent application assigned to an examiner?

When the design patent application is filed with the US Patent and Trademark Office, it is assigned to a patent examiner who is responsible for conducting all the tests necessary to determine whether or not the invention meets the criteria and warrant a patent grant.

The patent examiner will usually communicate with the applicant about any questions or concerns that they have regarding the design, and recommend any additional actions that need to be taken in order to move things forward.

What is the cost of filing a design patent?

For a basic design patent application, the processing fee is about $320, which is paid to the US Patent and Trademark Office. There are additional government fees for filings such as maintenance fees, search fees, and issue fees that will go up as the patent progresses. Any legal fees are the responsibility of the applicant.

In addition, the costs associated with the communication between the client and patent attorney have to be taken into account when determining the full cost of a design patent.

What documents should be submitted with the design patent application?

For the US Patent and Trademark Office to evaluate a design patent, the applicant must provide proof of the patent’s distinctiveness, utility, novelty and clarity.

This means they must include drawings and a written description of the invention, a full description of the invention, along with a claim outlining why the court should grant the patent. In addition to this, they will need to provide evidence of conception (such as prior art, a display of the product, and a prototype), proofs of usage, and any other supporting documents that provide evidence of the patent’s uniqueness and commercial value.

Are design patents transferable?

Yes, design patents can be both sold and assigned just like any other type of patent. This means that the patent holder can choose to assign their design patent to another party for an agreed upon fee or royalties. When assigning a design patent, it is important to carefully consider all aspects of the process so that all parties will be on the same page when it comes to the rights and obligations of the design patent.

Final notions

A design patent is an immensely powerful tool for commercial success. If the criteria and requirements are met, not only can you protect your designs, you can also monetize them. It’s therefore a no brainer to put in the effort for a design patent application.

Understanding the requirements for a valid design patent, the length of a design patent, the examiner’s role, the documents needed for a successful application, and the ease of transferability of a design patent can help you get a better grasp on how to make the most of your commercial invention.

Topics:

Design Patent,

Patent,

Patent Application