Top 5 Things to Consider with Design Patent in Chicago
Design patents have long been used by inventors to protect new, ornamental designs2 min read
Design patents have long been used by inventors to protect new, ornamental designs. For businesses in Chicago, design patents can provide powerful protection for your designs. If you are considering a design patent, there are five key things to consider. This guide will discuss those five important considerations--helping you make the best decision for your business.
First, you need to determine if you have an invention. A design patent is available only for the visual ornamental features of a product or object. If these features are functional, then a patent to protect those features may not be available. Second, you need to make sure the design has not been previously patented. Unless you have an invention that is completely unlike anything previously patented, your design is likely to be already in the public domain, meaning you will not be able to obtain a patent.
Third, you need to decide if you want or need a design patent. Depending on the type of product you have created, patent protection may not be necessary. If you are trying to protect a design that consists solely of a decorative pattern, for example, a copyright might be sufficient. Fourth, you need to decide if your design warrants international patent protection. A design patent in the US will not provide protection in other countries. If you are selling or manufacturing your product in multiple jurisdictions, you will need to explore additional patent options.
Fifth, you must find an experienced patent attorney who understands local regulation in Chicago. If you are considering filing a design patent, you will want an attorney who understands local patent law. Doing some research on local firms is advisable, as this will allow you to select an attorney that understands the nuances of design patent law in your region.
These five considerations should help you evaluate your options for design patent protection in Chicago. There is no one-size-fits-all answer here -- understanding the nuances of each of these considerations is key to finding the best solution for protecting your design. Hiring a knowledgeable attorney is the best option to ensure that you get the protection you need for your design.
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