How to Obtain a Design Patent
The Utility Patent and the Design Patent are the two types of patents recognized by the U.S. Patent and Trademark Office. Although both have to do with an artifact, the Design Patent protects the appearance of an article rather than the actual structure or material. Examples of a Design Patent are artwork or the shape of an item. Visual components of a product require a Design Patent for protection.
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Instructions
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Conduct a patent search on the official U.S. Patent and Trademark website. Search through a variety of keywords and phrases to assure the design is original.
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Draw the design with black ink. Include drawings of different angles.
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Download and complete a Design Patent application from the U.S. Patent and Trademark website. Mail to the address provided to receive an application number and a filing receipt for personal records.
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Understand that an examiner will look at the design and compare it to previously filed Design Patent applications. It can be rejected if a duplicate is found or if the application is incomplete.
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Respond to the office within the time assigned by the filing receipt. The response date is issued from the date the application was mailed rather than the date it was received by the office.
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Tips & Warnings
Do not use color when drawing your design. The copies are made in black and white so color detail is lost.
The application is discarded if drawing rules and regulations are not precisely followed.
