Design Patent
With proper design protection, competitors are kept at bay.
Decide who can make, use or sell your design. You also get to use either patent pending or patent issued.
A registered patent attorney or agent will help prepare and file your application.
A professional illustrator will draft your design according to the patents office specifications.
These two aspects of your design must be generally true?
The design is a part of the item and can't be separated from the item. For example, a label design on a wine bottle wouldn't qualify for a design patent, but a unique design of the bottle itself might qualify.
The design is purely ornamental and does not affect the item's function.
A design patent protects an item's unique ornamental design—how it looks. A utility patent protects how an item is used and works. Design patents are generally less complicated than utility patents and can be easier and cheaper to get. If your invention has a unique design and unique functionality, you may be able to file both a design and a utility patent application.
Answer a number of questions
Patent application review by a patent attorney or agent
The patent attorney or agent files your application with the patents office
The term of a design patent is 15 years, beginning on the date the patent is granted. Design patents are not renewable and require no maintenance fees.
The process of preparing the application and technical drawings generally takes 2—3 weeks. Once the application is filed, you may legally label your design "patent pending" for the period that your application is awaiting approval.
Both can be used to protect designs, but the two offer different protections.
A design patent protects a new and original ornamental design of an article of manufacture. A trademark protects a name, logo, symbol or drawing that's used to distinguish a brand.
In certain circumstances, a single design might be eligible for both patent and trademark protection.
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