A design can be protected by a design patent if it is made with a certain level of creativity and originality. To be eligible, a design must be new to the public and must not have been made available elsewhere. A design may also be published by an individual, but that does not disqualify it from novelty. To qualify, a design must be distinctly different from existing designs and must display individual character. It may be slightly different from an existing design, but it must be different enough to distinguish it from its counterparts. It need not be a highly creative achievement.
Documents needed for a design patent application
When preparing for a design patent application, it’s essential to take the time to properly document your invention. The documents needed for a design patent application include the following: a preamble containing applicant information, title and description of the design, cross-references to related applications, a description of the figures or elements of the drawing, and an Executed Oath or Declaration.
The title of the design must clearly identify the article in which the design is embodied. This is usually the case with marketing designations, but the title should describe the actual article. A good title will help examiners search prior art and classify the design patent appropriately. It also helps the public understand the nature of the article after the patent has been published.
The description and the specification must be accompanied by sufficient research. The design patent application must also contain one claim, as opposed to two. There should also be at least seven drawings or photographs to illustrate the invention. At least one of these should be three-dimensional with sufficient details to depict its contours.
Types of designs that are eligible for protection
A design patent can be a valuable tool for protecting your product’s design elements. While the patent is not available for every design, many companies are able to secure protection for their designs in this manner. The main requirement for obtaining design patent protection is that the design must be “unique” and “not confusingly similar” to other designs.
To qualify for design patent protection in the UK, you must register your design with the UK Intellectual Property Office. This is because your design may be protected by copyright. However, it is important to note that copyright protection only extends to documents describing your design, rather than the design itself. If you want to be sure, you can contact the UK Copyright Service to obtain evidence of copyright and unregistered design rights. These rights are protected under UK and international law.
There are three types of designs that can qualify for protection: registered designs, copyright designs, and unregistered designs. Each type has different requirements, and the right to use your design will depend on the facts and circumstances of the case.
Rejection of a design patent application
A design patent application is typically rejected for a number of reasons. These reasons range from inadequate disclosure in the original drawings to non-enablement. It can also be rejected because of ambiguity or inconsistency. However, there are steps you can take to increase your chances of success.
In the U.S., the number of design patent applications has increased dramatically in recent years. While an ordinary utility patent protects the method of making a product, a design patent protects the ornamental aspects of the product. While the material that makes up a design may be new, prior art may show that the product is an obvious variation.
To increase your chances of success, you need to provide adequate patent drawings. Inadequate patent drawings can kill a design patent application on arrival. Moreover, a design patent application may end up a “zombie” application that may linger for a year or more. During that time, it may suffer from 112 rejection issues.
Cost of filing a design patent application
Filing a design patent application can be quite expensive, and there are several ways to save money. Hiring a patent attorney or using a service such as LegalZoom can reduce the overall cost significantly. A professional patent attorney can also help you avoid costly mistakes. The total cost of filing a design patent application can range from $1,500 to $5,000. The cost will also depend on the size of the firm that you hire.
The first step is to file the application with the USPTO. There are several stages to the process, each with different purposes. The fees associated with the design patent application are categorized by the size of the entity that is filing the application. For example, if you have more than 500 employees, you will pay higher fees than a smaller company with fewer employees.
The next step is to hire a patent draftsperson to convert your 3D CAD drawings into patentable form. The fees for a patent draftsperson will run about $500, and attorneys will add another few hundred dollars to your bill.