Ornamental designs and the aesthetic of a product can be essential to its use or a consumer’s decision to buy it. When this is the case, innovators should secure a design patent to protect their original designs. A design patent attorney can help visionaries like you seek the right form of intellectual property protection to safeguard their rights.
Bold Patents provides industry-leading online design patent services to protect your idea. The U.S. design patent process is a unique one that requires an equal amount of legal experience and artistic talent. By working with a skilled Bold Patents design patent attorney, you gain access to both so you can increase your chance of approval.
What Is a Design Patent?
There are three types of patents:
- A utility patent that protects what an invention does
- A design patent that protects how it looks
- A plant patent for new plant varieties
A design patent applies to an ornamental design of a product or one that is applied to it, so long as it is tied to the product’s shape. The design must be new and original.
Design patents are important when the function of an item is greatly affected by its shape or appearance. They are also important when the look of a product impacts whether someone decides to buy it, such as in:
- Personal electronics
- Toys
- Home design and organization
- Packaging
- Fashion
- Software design
- Furniture
Design patents are not limited to obvious industries, like apparel or furniture. Today, you can see them everywhere, from food and beverage companies to the technology sector. Recently, design patents have been focused on protecting graphical user interfaces, like the layout of an app.
A design patent protects how something looks. Its counterpart, the utility patent, protects the way something functions. Because the design patent is all about aesthetics, the most crucial part of the process is your drawing. At Bold Patents, we can enhance your design patent case with skilled artwork.
Illustrations are the most vital part of a design patent application. The drawing itself is considered the design’s most effective description by the U.S. Patent and Trademark Office (USPTO). The design patent protects a specific aesthetic, and a patent drawing is the truest way to make that clear. The USPTO currently has an unexamined inventory of 67,277 design patent applications.
The key to a successful design patent illustration is detail. Even the most painstakingly written description will likely leave empty spaces. A good patent illustration will complement and complete the written description. This includes illustration methods like:
- A hand-drawn sketch
- A computer-drafted illustration
- A black-and-white photograph
The requirements for drawings in a design patent application are extensive. If you get them wrong, you might not protect future versions of your product. You could also face outright denial. The patent examiner will check the angles your illustration captures, the font you use to describe it, the margins of the paper it’s printed on, and even the type of paper it’s printed on. Each aspect of the drawing is critical.
The application is also important for additional protections. You may want international recognition through the Hague System for the International Registration of Industrial Designs. Your success will hinge on that initial application and the drawings you use to clarify your concept.
You should work with a patent attorney who understands the risks of the design patent process and has the resources to guide you through the application. You’ll want the collaborative legal and artistic experience that only Bold Patents can provide.
At Bold Patents, our policy is to always include drawings in our patent applications. We work with an experienced illustrator early in the process to be confident that drawings are completed well before it’s time to submit.
Our goal is for your application to reflect your vision accurately and completely. Over the years, we’ve developed close working relationships with illustrators who are experienced at capturing inventions across many industries.
Before we contact an artist, we make sure we understand your invention. We can work with you to create informal sketches or drawings that guide a more formal process. With us, you don’t need to be an artist to protect your design concept. We can collaborate to fully depict your vision.
Why Is Choosing the Right Attorney Important?
It is important to choose an experienced, knowledgeable design patent attorney to help you with your design patent application. Choosing a bargain design patent lawyer or trying to obtain patent protection on your own could leave you with less protection than intended, or you could get no protection at all.
Similarly, working with a patent agent who is not a design patent lawyer could be risky, as the agent may not be fully aware of the relevant case law.
The patent lawyers at Bold Patents understand how design patent laws, including recent decisions, impact the way examiners evaluate claims. We also understand how legal nuances can impact complex applications for design patents.
Our design patent lawyers have specific experience directly related to design patents and the application process. Bold Patents attorneys also come from entrepreneurial, scientific, and technical backgrounds. This helps us quickly understand your invention and meet your needs.
How Much Does a Design Patent Cost?
The cost of a design patent includes several fees paid to the USPTO, but these can be reduced if you qualify for a 60% to 80% fee reduction as a small or micro entity. There is an application fee for design patents set at $300, a patent search fee that is also $300, and a $700 patent examination fee. If you are successful in securing a design patent, there is a $1,300 issue fee.
How Enforceable Is a Design Patent?
A design patent is enforceable, like any patent granted through the USPTO, and you can take legal action against someone who infringes on your design patent rights. You are more likely to have a strongly enforceable patent when you hire a design patent attorney to create a strong application. An attorney can also help with enforcement actions, like a cease-and-desist letter, or they can connect you with patent litigators to take the case to court.
How Much Does It Cost to Hire a Lawyer for a Design Patent?
The cost to hire a lawyer for a design patent depends on the attorney and the invented design. Generally, design patents are simpler to document for a patent application, although an especially complex design may take more resources and be more costly. An attorney’s fees are usually hourly, and their fee relies on their experience in the field, their location, and other factors. When you work with an attorney, be sure to discuss fees upfront.
Do You Need a Design Patent If You Have a Utility Patent?
You may need a design patent if you have a utility patent, but it depends on your invention and the aspects of it that are innovative and need legal protection. A utility patent protects the invention’s function, while a design patent protects its appearance. If the appearance is also unique and important when selling the product, you may also want a design patent so that you can leverage that market advantage.
Hire a Design Patent Attorney
Bold Patents offers an initial discovery call to discuss your design patent application process. To learn more, complete our online contact form today.