When trying to protect the designs of products in Chicago, executives must understand how the patent system works. Design patents, specifically, are a form of intellectual property protection that provides exclusive rights for “the ornamental design of a functional item.” In other words, these patents protect the external appearance of your product, not the internals of the product.

To get a better understanding of design patents, it’s important to know the differences between them and utility patents. They are both forms of IP protection, but while utility patents protect new inventions, design patents protect the visual design or aesthetic of a product. In addition, a design patent can typically be obtained much faster and less expensive than a utility patent.

Filing a Design Patents

To successfully file for a design patent in Chicago, the product being protected must qualify. The product must be visible and tangible to be considered an eligible design. This could mean furniture, industrial design, etching, clothing, and even graphic symbols or typefaces. Non-visible designs like software interfaces, scent, and taste can’t be protected by design patents.

Those filing must also include a drawing of the item being patented and identify the features protected. The design must be presented in detail and should include a specific line of demarcation to distinguish the protected aspects of the design from the non-protected aspects.

Moving forward in the process, the product design must also be new and non-obvious, meaning if the design has already been protected by a design patent or has been published somewhere else, the applicant won’t be able to fully protect the product. Those filing should also determine how broad they want the patent to be. They should work with a qualified attorney to determine this in order to make sure that competitors won’t be able to slightly change the design but still produce similar products.

The Design Patents Process

The filing process for a design patent typically takes between 12 and 24 months. During this time, applicants can expect to have a few different communications with the USPTO. First, if the application is approved, the USPTO will publish the patent and post it on its website. This post will include all of the drawings, information, and specifications of the item. It will also include a description of what is protected under the patent.

After a successful filing, it’s important for executives in Chicago to understand that a design patent will only last for 14 years from the date it is issued. During this time, however, the exclusive rights granted by the patent can help the product to stand out in the market and prevent competition from copying the design.

When it comes to enforcing a design patent infringement, the patent owner must be the one to take legal action. In these cases, the patent owner will take the person or company that is infringing on the patent to court. If it is found that someone else is using the design without the permission of the patent owner, the court will provide remedies such as injunctions, damages, and attorney’s fees.

Finding an Attorney

To protect the design of a product in Chicago, consulting with a qualified attorney is essential. There are many attorneys in Chicago with deep experience and expertise in patent regulations who can help executives through the process of filing a successful design patent. Additionally, during the patent process, they can better protect the design of the product from potential infringement.

When looking for a qualified patent lawyer in Chicago, executives should consider UpCounsel. UpCounsel is an online platform that offers experienced lawyers for a variety of legal services. Their network of lawyers has an average of 14 years of experience and plenty of client reviews and ratings. This makes it easier for executives to find the right legal service when trying to protect their designs.

Topics:

Design Patents,

Chicago,

Intellectual Property Protection