Design patents are intended to protect the intellectual property rights on the original shape or ornamentation of an article. This type of patent protection has nothing to do with the function or utilitarian features. The gist of a design patent application must be in relation to the configuration or the surface arrangement. It can even be a combination of the two.
The application can only have one claim against a design. This patent claim defines the design and gives a description. The concessions can be applied to nearly any object, including furniture, tools, household items, purses, and more.
Simple And To The Point
Before you begin submitting a patent application, you must determine if your invention falls under the protection of design patents. There are two basic factors that determine if your invention falls under the appropriate subject matter for protection.
The first factor is that only industrial designs can apply. This means that artwork like paintings or sculptures cannot apply because they lack functional features. The second factor is that the design must not interfere with the functionality of the object. If it does, it will not qualify for a design patent, though it may be eligible for cover under other types of patents.
Once you have claimed your rights with design patents, you can include the right to exclude others from producing, using, or selling that design without your permission, and these rights can be enforced by federal courts. The length of time for a design patent term in most cases is between 14 and 20 years. Others can’t even produce something similar. Your prior art will be on file for those doing a design patent search and will be upheld in any filing a patent proceedings.
Steps For Filing Design Patents
There are several steps required to file design patents. First, you will have to include some specific items, including:
• A description of the patent drawings
• A disclosure statement of drawings or photographs
• The inventor’s name, name of the design, and a statement about the design’s use
• The design patent claim
• Your patent filing fee
• Executed oath or declaration
Include Details Of Your Invention
With design patents, they are simple and not very elaborate. You can include photographs and drawings of the item. You will have to include pertinent information. This includes portions of the product that cannot be seen in the drawing upon examination. You must provide an explanation of the ornamental feature that must demonstrate the design is new and original.
As part of your design patent application, you will also have to include a forthcoming disclosure statement. This must be detailed about the development and practice of the invention. This information may be found when you do a patent search. The more upfront you are to the patent office can help speed the process along.
Being granted a patent may seem like an arduous task to say the least. But if you want to avoid infringement of your ideas, this is the best way to protect yourself. A patent law attorney will be able to assist you with the various aspects of filing for design patents. This will give you peace of mind; however be cognizance of lawyer fees will come with their services.