Top 5 Things to Consider for LA Design Patent Applications
Understanding the Design Patent Process in Los Angeles2 min read
For business owners looking into the possibility of obtaining a design patent in the Los Angeles area, it is important to have a complete understanding of the process. This article will provide an overview of the top five things to consider, including the definition of a design patent, what types of designs can be protected, how long a design patent lasts, filing requirements, and the cost to application for a design patent.
Design patents are an often overlooked form of intellectual property protection in Los Angeles. A design patent protects the unique visual design of a functional item. For example, a design patent can be used to protect the the shape of a bottle or the ornamental design of a smartphone. There are other forms of intellectual property protection available, including copyrights, trademarks, and utility patents. Each of these serves a different purpose, so understanding the differences is key.
The first step in applying for a design patent is to identify a design that can be protected. The most important consideration is that the design must be unique and original. Common notably, abstract designs or designs that have been used in the past are ineligible. Additionally, the design must be applicable to a functional item, and must also be able to be shown in a two-dimensional drawing as required by the United States Patent and Trademark Office (USPTO).
Once a design is selected, it is important to understand the length of protection that a design patent provides. Once a design patent is issued, it is valid for fifteen (15) years from the issue date. This is much shorter than other forms of intellectual property protection and thus it is important to understand the timeline of protection.
Prior to filing an application, it is important to consider the filing requirements and cost to application for a design patent. The filing requirements include providing a set of drawings which accurately show the design as depicted in the specification, as well as a formal drawing. Additionally, one must include a utility application or a statutory declaration with the application along with other supporting documents. The cost to application for a design patent is dependent on the type of patent requested, but generally can be upwards of several thousand dollars in attorney's fees and USPTO filing fees.
When applying for a design patent in Los Angeles, it is important to consider the top five factors outlined here. It is essential to have a comprehensive understanding of the definition of a design patent, the types of designs that can be protected, the length of protection, and filing requirements and cost to application. With the right information and counsel, business owners can ensure they have the best chance of obtaining the protection they need for their unique designs.
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