Design patents are one of the three common patent types that you can apply for through the United States Patent and Trademark Office (USPTO). They cover the aesthetic appearance and ornamental value of a brand new object or invention, and do not deal with object functionality or the way something works. Those applying for this type of patent will want to make sure that they include all of the elements listed below.
Before You Decide to File
There are several aspects of your potential patent that you will want to confirm before applying for your legal right to protect it. First, make sure that your patent definitely fits into the category of design and ornamentation, rather than a utility patent that addresses the function of something or a plant patent for botanicals. Second, be sure that you are eligible for a patent. If your invention or object is brand new, has never been known of in history, is useful and is non-obvious, then there is a good chance that your article is eligible for a patent. If both of the above are true, then it is time to start piecing together the various components of your patent application.
What Should Go Into My File?
There are several key parts to a successful design patent application. Make sure that yours conforms to following guidelines:
- The introduction should include your name and the name of the design that you are aiming to patent. Include a short summary of the article that the design patent applies to. This should describe its nature and its intended use.
- If you have submitted multiple design patents or are trying to get more than one patent on a single object or invention, you may wish to reference your other patent applications.
- If your item or idea has been the subject of any sponsored research, grant funding or other modes of development, you may reference this fact and include any supporting evidence.
- Next, you will want to include a description of the figures, designs and graphics that are included with your application. Make sure to note any details that are not included in the drawings, such as measurements or materials used.
- Enclose your figures, designs and graphics in way that keeps them visible.
- Include the claim that you are making on your design patent, which will point out what it is about the visual aesthetics of the design or drawing that you are aiming to protect.
- Any drawings, photographs or reproductions of the design should be enclosed in their highest quality format. These drawings cannot be altered once your application is submitted.
- Be sure to include a formal oath or declaration that you are the owner or inventor of the proposed design.
- Finally, make sure that you include any required fees that are associated with your patent filing. You will need to consult the United States Trademark and Patent Office to determine exactly what these fees apply to your submission.
If you do conform to any of the guidelines above, your application will be considered complete, in which case the USPTO will notify you. To expedite your patent processing time as much as possible, try to include all the above information in an organized and accurate manner.
Other Considerations When Filing for a Design Patent
Some filers choose to hire the services of a patent design professional who can help draw and visually record the design. It’s also a good idea to check out some examples of successful design patent applications before you file. This will give you a good idea of what you are up against and where you should start. Be sure to keep a copy of all the elements included in your patent submission, and always respond promptly to any requests for additional information.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.