What is a design patent?
A design patent protects the ornamental or visible characteristics of of an article of manufacture, but not the functional value of the article or the article itself. For example, a uniquely shaped auto body or computer icon might qualify for a design patent. In contrast to a design patent, a utility patent protects the functional characteristics of an article. An article of manufacture may include both ornamental and functional characteristics.
What is the term of a design patent?
The term of a design patent is fourteen years from the date of grant of the patent.
May a provisional application be filed for a design patent?
Design patents may not claim benefit to a provisional application. Only utility patent applications may claim the benefit of a provisional patent application.
How to patent a design
To patent a design, a design patent application must be drafted and filed in the USPTO, including a description, a single patent claim, and drawings or photographs that provide a complete disclosure of the article’s design. The USPTO will then exam the design patent application and either grant or deny a patent on the design.
Is it necessary to include drawings with a design patent application?
Yes. Clear and complete black line drawings or if necessary, photographs must be included with a design patent application so that a complete disclosure of the article is provided in the patent application.
What characteristics are required in a design in order for the USPTO to grant a design patent?
For a design patent to be granted, the design must contain the necessary characteristics of ornamentality, novelty, nonobviousness, enablement, and definiteness. In order for a design to be considered novel, an “average observer” must consider the design to be different from any already existing designs.
Does the filing of a design patent application provide the inventor any patenting rights?
Claiming patent pending status does not provide an inventor patenting rights such as the right to exclude others from making, using or selling their invention. However, it will hopefully deter others from copying, building and testing the invention.
Fixed Fee – Flat Fee Patent Applications
If you decide to proceed with a patent application, Accupatents can in many cases offer you an affordable fixed rate fee ( flat rate fee ) for drafting and filing your provisional patent application. Please see our fee page for more details on Design Patent Costs.
Obtain a No Charge, No Obligation Telephone Consultation with a Registered Patent Agent
During your free telephone consultation we will review with you issues affecting patentability of inventions, the USPTO patenting process, and some possible options you may want to consider for patenting your invention.
Please Note: Our telephone consultations do not involve a “sales pitch”. We cannot tell you if you can receive a patent on your invention. Patentability of your invention can only be determined by the USPTO after you have filed a patent application.
To obtain a no-charge telephone consultation with a registered patent agent, please call us at the phone number below, or else contact us using the contact form on the right side of the page. When using the form, please make sure to include your correct email address. We will not give out your email address or send you spam.
Our Business Principles
- Provide you the best value we can for your investment in time and money to obtain a patent
- We are committed to full honesty and integrity in dealing with our clients. We never misrepresent any facts or mislead you in regard to any issues
- As a registered patent agent, I am bound by the non-disclosures rules mandated by the US Patent and Trademark Office
- We look forward to assisting you!
We are a NY-NYC Area | NJ Patent Agent , but we Service Clients Anywhere in the US
Accupatents Is Committed To:
- Honesty and Integrity
- Expert, Friendly Service
- Affordable Patents
- Flat Rates – Fixed Fees for Many Projects