Design patents are issued to the ornamentation (the look and feel) of an invention, rather than being issued based on the invention’s function or utility.
Step 1 – Research
Depending upon the ornamental design and the Applicant’s business judgment, a prior Design Patent Novelty search is not usually cost effective. More often than not, the client will expend more in conducting the search than it will cost to file an application for a Design Patent.
Step 2 – Application Process
Business Patent Law, PLLC prepares an Application for Design Patent that claims and enables the Applicant’s invention. An initial retainer is required before Business Patent Law, PLLC begins preparation of the creative design application.
A professional draftsman prepares the required drawings disclosing the design. Two to six pages of drawings are usually needed.
Business Patent Law, PLLC has a professional draftsman under contract. However, Business Patent Law, PLLC does represent creative intellectual property owners who have their own draftsman.
The Patent Office requires a filing fee. The current fees can be found at www.USPTO.gov.
Step 3 – Response from the Patent Office
The Patent Office generally requires 12 to 24 months before issuing a decision on the Application for Design Patent. Generally, the Design Patent is granted. If it is not granted, Business Patent Law, PLLC will estimate the fee for filing a response to the Patent Examiner’s rejections.
The Patent Office requires an Issue Fee, current fees for this are also available at www.USPTO.gov.
If you would like assistance applying for a Design Patent, call (859) 239-8999 to set up an initial consultation.