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What Is A Design Patent8 min read

Jun 22, 2022 6 min

What Is A Design Patent8 min read

Reading Time: 6 minutes

A design patent is a type of patent that protects the ornamental design of a functional object. In order to qualify for a design patent, an object must be new, original, and ornamental. The ornamental design must be visible when the object is in use, and it must be able to be reproduced in a way that is not substantially different from the original.

Design patents are different from utility patents, which protect the function of an object. A design patent covers the appearance of an object, while a utility patent covers the way an object works.

Design patents are granted for a period of 14 years. During that time, the owner of the patent has the exclusive right to make, use, sell, or import the object that is covered by the patent.

Design patents are not as common as utility patents, but they can be useful for protecting the appearance of a product. They can also be used to prevent others from making a product that is too similar to your product.

What does a design patent do?

When most people think of patents, they think of utility patents. These patents protect the functionality of an invention. Design patents, on the other hand, protect the ornamental design of a product.

Design patents can be extremely valuable to companies. For example, in 2006 Apple was awarded a design patent for the iPhone. This patent was extremely valuable to Apple, as it helped them protect their iPhone from copycats.

Design patents are relatively easy to obtain. In order to obtain a design patent, you simply need to show that your invention has a novel and non-obvious design.

Design patents can be used to protect a wide variety of products, including furniture, clothing, and even food.

Design patents expire after 14 years, and can be renewed.

If you are thinking of obtaining a design patent, it is important to consult with a patent attorney. A patent attorney can help you make sure that your invention meets the requirements for a design patent, and can help you protect your invention from copycats.

Is it worth getting a design patent?

Is it worth getting a design patent?

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Design patents protect the ornamental design of a consumer product. They can be filed for products that are in production or have been discontinued. The patent covers the design of the product, not the function.

Design patents are less expensive than utility patents, but they are also less effective. They have a shorter lifespan and are less likely to be infringed. In order to be granted a design patent, the design must be new, non-obvious, and ornamental.

Design patents can be a good option for products that have a unique design and are not likely to be copied. They can also be helpful in preventing knock-off versions of a product. However, they are not as effective as utility patents and may not be worth the investment for some products.

What is the difference between a utility and a design patent?

There is a lot of confusion surrounding the difference between a utility patent and a design patent. In this article, we will break down the key differences between these two types of patents.

Utility patents are granted to inventions that are novel, useful, and non-obvious. To receive a utility patent, an invention must have a novel feature that is not found in any other products on the market. The invention must also be useful – it must have a practical purpose. And finally, the invention must be non-obvious – it must be something that a person of ordinary skill in the field would not be able to come up with on their own.

Design patents are granted to inventions that are novel and ornamental. To receive a design patent, an invention must have a novel design that is not found in any other products on the market. The invention does not need to be useful or non-obvious.

So, what is the key difference between a utility patent and a design patent? Utility patents are granted to inventions that are novel, useful, and non-obvious. Design patents are granted to inventions that are novel and ornamental.

Is design patent same as patent?

Design patents are a type of patent that protect the ornamental design of a product. This can include the shape, color, or design of the product. Patent law is complex, and there are many different types of patents. Some people mistakenly believe that design patents are the same as regular patents.

A regular patent protects an invention, such as a new type of technology or a new chemical process. In order to get a regular patent, you must disclose all of the details of your invention in your patent application. This allows others to see your invention and learn from it.

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Design patents are different. They protect the ornamental design of a product, but not the underlying technology or process. In order to get a design patent, you do not have to disclose any details about your invention. This means that others cannot learn from your design.

Design patents are less common than regular patents. They are usually used to protect the design of a product, such as a new type of phone or a new type of car. Design patents are usually granted for a period of 14 years.

How much does a design patent cost?

A design patent can be a powerful intellectual property tool for protecting the ornamental design of a product. However, design patents can be expensive to obtain, and the costs can vary depending on a number of factors.

The most basic cost of obtaining a design patent is the filing fee, which is currently $325. However, this fee only covers the processing of the patent application. It does not include the cost of obtaining a patent search, which is generally recommended to help ensure that a patent is actually warranted.

If a patent search is conducted and it is determined that the proposed design is not novel or does not meet the other requirements for a patent, the patent application will likely be rejected and no fees will be refunded. If the patent search is positive and the application is approved, the next cost to consider is the patent issue fee.

This fee is currently $1,720, and it is due once the patent is granted. The final cost to consider is the maintenance fee, which is due every four years and currently costs $1,590. So, in total, the cost of obtaining a design patent can range from $3,545 to $4,925.

Do design patents get published?

Yes, design patents get published. The United States Patent and Trademark Office (USPTO) publishes all new design patent applications 18 months from the earliest effective filing date.

Design patents protect the ornamental design of a product. They can be used to protect the look of a product, its packaging, or even its logo. To be eligible for a design patent, the invention must be new, original, and ornamental.

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The USPTO publishes all new design patent applications 18 months from the earliest effective filing date. This means that all new design patents will be published in the USPTO’s Patent Gazette approximately 18 months after they are filed.

The Patent Gazette is a publication of the USPTO that contains information about all new patent applications. It includes the title, inventors, and a brief description of the invention. It also includes the application number and the date of publication.

There are a few exceptions to the 18-month publication rule. If the patent application is subject to a secrecy order, it will not be published. Also, if the application is withdrawn or abandoned, it will not be published.

Design patents are an important tool for protecting the ornamental design of a product. They can be used to protect the look of a product, its packaging, or even its logo. The USPTO publishes all new design patent applications 18 months from the earliest effective filing date.

How difficult is it to get a design patent?

How difficult is it to get a design patent?

Design patents are a type of intellectual property protection that covers the ornamental appearance of a product. In order to qualify for a design patent, the product must be new, original, and have an ornamental appearance.

It is relatively easy to obtain a design patent, and the process is much less expensive and time consuming than the process for obtaining a patent on a new invention. In order to qualify for a design patent, the product must be new, original, and have an ornamental appearance.

The application process for a design patent is much simpler than the application process for a patent on a new invention. There is no need to file a patent search report or to provide a detailed description of the invention. The application only needs to include a few simple drawings of the product.

The process for obtaining a design patent is also much less expensive than the process for obtaining a patent on a new invention. The application fee for a design patent is only $225, and the patent will be granted within 12-18 months.

The main disadvantage of a design patent is that the protection it provides is limited to the ornamental appearance of the product. The design patent does not protect the function of the product or the way the product works.