A design patent registration https://www.accoladeip.com/hk/en/patent-fee-schedule/ protects the way a manufactured product looks. It is easier to obtain than a utility patent and can be used to stop competitors from manufacturing products that look similar to yours. A design patent application contains a set of drawings that illustrate the appearance of the claimed invention. These drawings must be clear and complete.
It protects the way a manufactured product looks
The United States Patent and Trademark Office (USPTO) offers a form of IP protection that allows you to protect the way your product looks. It’s called a design patent.
A design patent is similar to a utility patent in that it protects the shape, configuration and/or surface ornamentation of an article. The patent itself is a combination of drawings and a specification.
When filing a design patent application, you must include a sufficient number of drawing disclosures to fully reveal the design. This includes depictions of the top, bottom, front, rear, left and right sides, as well as perspective views.
A design patent registration can protect your idea so that other companies cannot make or sell a product that is similar to yours. If they do, you have the right to stop them from making the infringing product or to collect damages. This could be a substantial sum of money, especially if your competitor is a major player in your industry.
It is simpler than a utility patent
A design patent is a form of intellectual property protection that protects the way an invented product looks. It is easier and less expensive to obtain than a utility patent.
A utility patent is a form of intellectual property protection primarily focused on the functionality of an invention, which is usually a machine, process or composition of matter. It is a strong form of intellectual property protection, and it allows the inventor to prevent others from making, using or selling a particular product that infringes on their invention.
A design patent is a form of intellectual protection that protects the way an invented product or invention looks, which is typically a unique configuration or surface ornamentation. It is easier and less expensive to obtain, but it may be difficult for an inventor to protect their invention if the appearance of their invention is not unique or distinctive enough.
It is more expensive than a utility patent
Unlike utility patents, which protect the functional aspects of an invention, design patents protect the way an item looks. Therefore, they can be a great choice for inventors who want to protect their invention’s look without worrying about competitors copying the design or functionality.
Generally speaking, a design patent is easier and cheaper to obtain than a utility patent. It also has a faster filing and examination process and is typically granted within 12 months of application submission.
As a result, it is often recommended for startups and inventors who are new to the patent process. A USPTO-registered patent attorney or agent will be able to help you determine whether the design patent route is more suitable for your product.
The total cost of a design patent application includes attorney fees, UPSTO costs and drawings expenses. These will vary according to the kind and number of figures required.
It is more difficult to obtain
Design patents are more difficult to obtain than utility patents, which protect the way an object works or how it is used. This is because a design must be unique to qualify for a patent.
A design must also be new to qualify for protection, which is a tougher standard than trademark or copyright. Courts often apply the “average observer test” to determine novelty.
The degree of functionality is another key consideration. Some jurisdictions require that the design be indispensable to secure a function, such as a device that must be riveted together. Others permit protection where there are alternative designs showing that a shape will serve the same function.
Despite this challenge, design patents are becoming more prevalent in the global marketplace. In fact, data from the World Intellectual Property Organization indicates that worldwide design filings grew 5.6% between 2019 and 2020.
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