Patent Attorney and Founder
What Does It Take to File a Design Patent?
Hi, I’m JD Houvener, founder of Bold Patents Law Firm and author of Bold Ideas: The Inventor’s Guide to Patents. Over the years, I’ve helped thousands of inventors secure their ideas, with more than 500 patents issued. Today, let’s talk about design patents—what they are and how to file one.
Why Choose a Design Patent?
If you’ve spoken with a patent attorney, they may have suggested a design patent as a practical alternative to a utility patent. Why?
- Utility patents can be tough to secure, especially in crowded fields. Prior art or similar innovations can limit the scope of rights you’d gain.
- Design patents, on the other hand, focus solely on the appearance of your invention—not how it works.
If your creation is physical (like a product) or includes a graphical user interface (GUI), a design patent might be a better fit. These patents protect the unique look of your invention for 15 years from the filing date. Bonus: there are no maintenance fees after issuance.
What Makes Design Patents Different?
The process for a design patent is simpler and lighter than for a utility patent. Here’s why:
- Fewer requirements: A design patent usually has one claim, focusing on the ornamental appearance of the item.
- Drawings are key: High-quality, detailed drawings are everything. They show how your product looks and define the scope of protection.
Solid lines in the drawings represent the features you’re claiming, while dashed lines show unclaimed parts, like the environment or supporting structures. For example:
- A GUI might show on a screen, but you won’t claim the screen itself.
- A physical product might be placed in a setting, like a nightstand or desk, but those aren’t part of the patent.
Filing the Application
Drafting a design patent application is straightforward. You’ll work with your attorney to ensure the drawings clearly convey your invention’s design. This process is typically faster and less expensive than filing for a utility patent.
After submission, the prosecution phase begins, where the patent examiner reviews your application. That’s a deeper topic, and we’ll cover it in another discussion.
Final Thoughts
Filing a design patent doesn’t have to be intimidating. If you’ve created something unique, this type of protection can be a smart move.
Have questions? Reach out anytime. I’m JD Houvener, here to help you protect your bold ideas.