Patent Attorney and Founder
Filing a design patent application can provide valuable protection. In fact, once approved, you will have protection for your invention’s appearance for 15 years. While applying for a design patent is typically a simpler process than applying for a utility patent, there are several common patent mistakes that could result in costly delays. Understanding and avoiding these design patent filing mistakes can help ensure a smoother process, from start to finish.
Top 5 Design Patent Filing Mistakes
By their nature, design patent applications require a significant level of detail. While taking care to meet all USPTO filing requirements, remember to also keep a watchful eye out for these common patent mistakes:
Mistake 1: Failing to Meet USPTO “Views” Requirement
The basis for a design patent is the drawings that illustrate the way your design looks. In order to be approved, your application must include a variety of “views” for your design. These include views from the front, rear, top, bottom, left, and right. You can also include additional optional views that enhance the clarity of your design (and it is recommended that you do so, in most cases.) However, failing to include one or more of the required views will mean you have not made adequate disclosure of your design.
Mistake 2: Not Conducting Adequate Prior Art Searches
Your design is only patentable if nobody else has come up with and patented it first. A key part of preparing your patent application is researching and disclosing existing prior art to confirm you can actually patent the design you came up with. Some inventors rely solely on Internet searches to determine whether prior art exists; however, doing so can either identify designs that were never actually patented, or fail to identify a substantially similar design that is already protected. A patent firm can use IP databases and other search tools to help you determine whether your design is eligible for a patent.
Mistake 3: Not Including Enough Detail
USPTO requirements include drawing standards for patent applications. Failing to adhere to these requirements can be costly. Specifically, lines, letters, and numbers need to be clean and well defined, and surface shading to show the contours and character of surfaces is required. In addition, black and white drawings can only use black ink, and color drawings must be able to be reproduced in black and white. There are also requirements around using “broken lines.” A patent firm with experience handling design patent applications can help you avoid errors related to detail.
Mistake 4: Including Too Much Detail
Wait, wasn’t it a mistake to not include enough detail? Yes. Unfortunately, there is a fine line between too little detail and too much. If your drawings or other illustrations include too much detail, not only could you face a potential rejection from the USPTO, but you could also be limiting your right to claim infringement if a competitor creates essentially the same design but omits a few details. For these reasons, patent professionals recommend only including the essential design elements.
Mistake 5: Waiting Too Long to File an Application
A patent attorney can help you determine when it makes sense to file your design patent application. Waiting too long to file could leave your idea open for a competitor to patent — and could leave you facing an infringement claim as a result.
Patent mistakes happen. However, when you work with an experienced patent firm to draft and submit your patent filings, the likelihood of costly design patent filing mistakes is significantly lower. Bold Patents provides patent services and solutions to inventors, entrepreneurs, and scientists in a range of industries across the country. Our industry-experienced attorneys use a remote service model with transparent pricing for unmatched convenience.
To learn more and to get started today, contact us to schedule a complimentary Discovery Call.