How to Get Started on a Design Patent in New York
Design patents, and patents in general, can be difficult topics for entrepreneurs and small business owners alike3 min read
Design patents, and patents in general, can be difficult topics for entrepreneurs and small business owners alike. A design patent gives the inventor exclusive rights to the overall shape, design, configuration, or ornamentation of a tangible object. It is important to consider obtaining a design patent in order to protect your invention from replicas or re-designs. Obtaining a design patent in New York is a smart move for business owners, and this guide will give you an overview of the process, from identifying the need for a design patent, to finding an experienced lawyer who understands local regulations.
Why Do I Need a Design Patent?
Often, when people think of patent protection, they envision patenting some new and innovative device or process, but a design patent can also be useful in protecting a unique design, ornamental features, or the overall contours and shape of an invention. This protection can prove invaluable in many industries, particularly in design-oriented businesses such as jewelry, clothing, shoes, appliances, furniture, boats, sporting goods, and automobiles.
Design patents are important for businesses wishing to protect the shape of the product from copycats. If a third-party designs or manufactures a product that closely resembles the product of a business with a design patent, the company can sue for patent infringement. Obtaining a design patent is a way to protect the business and guard the company’s unique design.
When Should I File for a Design Patent?
If you think it is important to get a design patent for your business, you should begin the application process as soon as possible. This is because the application must be filed before the invention is sold to the public. If a design is sold to the public and then a design patent application is submitted, the design patent will not be valid. It is important to know that an invention must be “novel” in order to be eligible for a design patent. This means that the invention must be new and distinct from any products already in the market.
How Do I Prepare to File a Design Patent?
When preparing to file for a design patent, the most important step that needs to be taken is to perform a thorough search of existing patents and designs submitted before. This will help to determine whether the invention is novel and, if not, whether it can be tweaked to make it patentable. Once the invention is determined to be patentable, then the patent application process can begin.
How Do I File a Design Patent in New York?
The process of filing a design patent in New York includes preparing a patent application, preparing drawings, submitting to the USPTO, and responding to any patent office actions. The application process is quite detailed and requires a significant amount of time to complete. First, the patent application must be prepared and submitted to the USPTO. This includes writing a description of the invention or design, and filing drawings of the invention.
Second, the drawings must be prepared and submitted to the USPTO. Design patents—unlike utility or process patents—require the submission of visual drawings to the USPTO. These drawings must be detailed enough that they clearly explain what the shapes and contours of the invention are.
Next, the USPTO must be informed of your intention to pursue a patent. This includes a request for an examination and issues of various fees and fees of patent office actions. Once the United States Patent and Trademark Office (USPTO) receives the patent application, it will issue an action letter that outlines next steps and sometimes requires additional information. The USPTO must then be responded to in a timely manner.
Am I Required to Hire a Lawyer?
While filing a design patent in New York is not required to involve the legal services of a lawyer, there are many advantages to doing so. The USPTO’s requirements for filing a patent application can be quite demanding. Therefore, many business owners opt for the help of a lawyer to help them to properly file and prosecute a patent.
The good news is that UpCounsel can connect you with experienced business attorneys to help with the process of filing your design patent. Whether you need a one-time consult, or an entire freelance legal team, UpCounsel can offer you with an experienced lawyer who will understand the local regulations that you are dealing with in New York. In addition, as you go through the process, their team will be available to answer any legal questions that may arise.
Design patents are important in the business world and can be the key to the success of your invention. The process of obtaining one in New York can be lengthy and complex and we strongly advise you to consult with an experienced lawyer who understands the local regulations to ensure that the process goes smoothly.
Topics:
