How to File a Design Patent Application

Design patents are for specific items that have some sort of ornamental characteristics, such as jewelry, textiles, toys, furniture and even computer icons. The US Patent Office requires specific and unique actions to file a design patent application that differs from the process for a regular patent.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Claim
• Drawings and description of design
• Filing and issue fees

1. Study the US Patent Office's guide to applying for a design patent. This will enable you to understand the process from start to finish. A copy of this guide is available online (see Resources below).

2. Determine whether your invention fits the design patent description based on its shape, how it is configured or how its surface is decorated. These are the criteria for a design patent.

3. Conduct a design patent search before you think about filing any type of patent application. You want to make sure that your design is original and does not come close to anything already patented.

4. Fill out a simple claim that states the basic use of the design for the design patent application. Your submission does not have to be as detailed as applications for other types of patents are.

5. Spend a lot of time creating a detailed drawing of your design. This is the most important aspect that you will need to file a design patent application.

6. File your design patent application in the US Patent and Trademark Office with drawings or photos of the invention, descriptions of the visual aids, a claim and payment.

7. Wait 1 to 2 years for your design patent to be considered before you hear the results of your application.

Tips & Warnings

• Get a utility patent as well, depending on the product. This will protect all aspects of your invention.
• Take photographs of your design if you feel that these will represent the product well. These photos can be submitted in lieu of the drawings.
• A design patent does not require the design features to be separate and distinct from the product's functionality. This speeds up the patent process.
• Remember your 1-year grace period for filing a design patent application after your design has been publicized or offered for sale. If you forget, you will have to start the process all over again.
• Keep in mind that the only requirements are that your product be ornamental and unique in its design. Anything that constitutes copying another inventor's design will be prosecuted.

Resources

• US Patent Office's design patent application process

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