What is a design patent?
Design patent refers to legally protecting a manufactured product’s unique visual features or design. It helps business organizations preserve their original design’s intellectual property rights. If the design patent application of an organization gets approved, then the company can restrict others from using its designs for any commercial or personal purpose. From jewellery to packaging, a design patent includes everything. Design patent only focuses on how a product or item looks but does not include how the product works. Businesses apply for design patents before entering the market to prevent competitors from copying their designs.
Now, we will look into the tips we should remember while designing patent applications.
- Deciding on whether you have to hire an attorney
For preparing a design patent application, you have to go through deep research on design patents, but if you do not have enough time to do this tedious process, you can hire a design patent attorney to do this task for you. The attorney shall perform all the patent illustration services and will make sure that your application has all the necessary details regarding the originality of the design.
- Patent design research
Before applying, you must ensure that the design you want to protect does not exist in the market. You have to include your complete research in the application.
- Design patent application submission with the USPTO.
USPTO works as a national patent office and serves as an authority for trademark registration for the United States. It takes a period of 22 months to get approval from USPTO. You should thoroughly prepare the application to get the approval and, heck, some of the approved and issued patent designs, so ensure how your patent design should look.
- Be in contact with the patent examiner.
If your submitted application gets approved by the USPTO, then a patent examiner will contact you and explain how to complete the patent design process and get your patent. Ensure regular and consistent contact with the patent examiner and provide him with all the necessary information for your filing process.
- If necessary, you can amend your application.
If your patent design application gets rejected, you can still have a chance to change and modify its content for resubmission. Still, if you receive a rejection for the second time, you can also appeal to the Board of Patent Appeals and Inferences and see if the situation works out in your favour.
Conclusion
Applying for a design patent is necessary to protect your unique and original patent design from your competitors. There are various patent services company that can help you in your design patent application and filing. Once filed and issued, a design patent lasts 14 years from the date of issue, and during this period, nobody can use your product or item without your permission. Thus, design patents are essential and allow you to legally prosecute the person who has attempted to earn profits by copying your design without your consent.Â
