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Originally Posted On: https://bltg-ip.com/how-to-get-a-patent-on-a-design-a-step-by-step-guide/

 

How to Get a Patent on a Design: A Step-by-Step Guide

Getting a patent for your design doesn’t have to be confusing. Read here for a step-by-step guide on how to get a patent on a design.

Tens of thousands of patent applications are filed at the U.S. Patent and Trademark Office every year, showing significant interest in protecting intellectual property rights. If you’re a designer with a groundbreaking creation, it’s crucial to get a patent.

Understanding how to get a patent on a design entitles you to vital legal safeguards. You’ll have exclusive rights to produce, sell, and design your product for a specific period.

This article lists everything you need to know about the patent process: from getting a patent, to the types of patents, and finding a patent lawyer. This process ensures you get adequate legal protection for your intellectual property.

What Is a Design Patent?

A design patent is a distinct patent type safeguarding an item’s ornamental design. It covers the product’s appearance, not its function. Design patents are crucial because they prevent others from copying or replicating your design. This encourages designers to be creative. Without protection, there’s no motivation to design.

To qualify for a design patent, your design must be novel, non-obvious, and ornamental.

Preparing Your Application

So, you’ve got a good design with no similar historical designs. Great! You’re ready to start the patent process.

First up, document your design. Create detailed drawings or snap clear photos from every angle. Do this early, as it helps prove you’re the original designer if someone tries to copy your design.

Along with visuals, write a clear and concise description highlighting the novel aspects of your work. Also, research previous art designs similar to yours. This ensures your design is unique and easily distinguished from past designs.

Filing the Application

After preparing your application, you’re set to begin filing. As with any government bureaucracy, take the time to ensure you have the correct forms. In this instance, obtain forms from the United States Patent and Trademark Office. Naturally, a modest fee is required for applying-except filing, search, and examination fees.

It’s highly recommended to use the Patent and Trademark Office’s electronic filing system. This method offers a quicker, more efficient patent process. While sending physical forms is still an option, it may cause unnecessary delays. So, opting for the online route makes sense.

Responding to Communications

After submitting your application, you’ll eventually hear back from the patent office. Be prepared for requests for clarifications or modifications. A less detailed application or errors may prompt this.

When the patent office contacts you, a timeline begins. Failure to respond within the allotted time may result in an abandoned application, forcing you to start over. Avoid this by responding promptly to all communications.

In cases of complex responses or unexpected objections, consider hiring a patent attorney to help navigate the intricate world of patent law.

The Examination Process

After submitting your application and hearing back from the Patent Office, the examination process begins. Generally, design patent applications have shorter examination times than utility patents, but not always. During the examination, be proactive and prompt in communication with the assigned patent examiner, as they may discuss various issues with the patent designer.

Be prepared to amend your application to comply with the United States Trademark and Patent Office requirements. You may need to alter some design aspects, depending on your specific case. By following the examiner’s instructions and promptly addressing their concerns, you’ll eventually receive notice that your patent has been granted.

Enforcement and Maintenance of Your Patent

Once your patent’s granted, be aware that patents from applications filed on or after May 13th, 2015 last for 15 years from the grant date. Sadly, the work isn’t over once it’s granted. You’ll need to enforce and protect your patent rights if anyone infringes on your design.

Luckily, there aren’t any maintenance fees with design patents, so long-term management shouldn’t be too costly. However, infringement disputes can get legally complicated, and in such cases, hiring a patent attorney is wise.

Keep in mind that if you don’t enforce your patent, you could lose the legal right to your design. So, always be proactive in this area.

Go International

You might consider taking your design patent beyond the US by seeking international protection. Achieve this by filing under the Hague Agreement, resulting in legal protection in many countries with just a single application. Of course, you don’t need to file everywhere, so be strategic and develop a plan to file where you’ll market your product or where copying risks are too high.

Some countries are more convenient than others for patenting a design, so ensure you research each country’s legal nuances. As always, if the process is too complex or there’s a language barrier, it’s wise to hire an attorney specializing in the country you want to file in.

Common Errors

When applying for design patents, common errors can hinder the process. Ensure you avoid these to keep the patent process smooth. A major mistake is not extensively searching for similar existing designs.

If a significantly similar design exists, the patent office may reject your application due to lack of novelty. Save effort by researching beforehand and confirming your design’s uniqueness.

Another mistake is not meeting the formal requirements for submitting an application. For instance, providing incorrect information or insufficiently documenting your design. Double-check requirements before sending your application to avoid delays.

Lastly, procrastinating in filing or responding to the patent office is a critical error. Delays or cancellations may occur if you don’t respond within the required time frame.

Procrastination can also hurt you if someone has a similar idea-it’s not about who thought of it first, but who files first. So, don’t delay, and ensure you’re the first to claim.

Now You Know How to Get a Patent on a Design

So, you’ve learned how to get a patent on a design. Though the process isn’t a breeze, the real challenge is crafting an innovative, unique design. If your design fits the bill, simply be diligent when submitting your application and double-check all requirements. If in doubt, seek a patent lawyer’s help.

Feeling puzzled by the patent process? Fear not-the Berkeley Law and Technology Group has your back. We’re known for our stellar legal aid services in various intellectual property cases. If your design meets patent office standards, we’ll collaborate closely to secure that patent you deserve. Contact us now and let’s discuss how we can assist.