If you want to patent a design, you can file a Design Patent Application with the United States Patent and Trademark Office (USPTO). Design patents only protect the look of an object. They aren’t the same as utility patents, which cover how objects work and how they’re used.
What is a US design patent?
A US design patent covers the ornamental design for an object having practical utility. An object with a design that is substantially similar to the design claimed in a design patent cannot be made, used, copied or imported into the United States without the permission of the patent holder.
How Long Does US design patent last?
14 years
For design patents, the period is 14 years from date of issuance. (Design patents are issued for ornamental designs of functional items). For plant patents, the period is 17 years from date of issuance.
What is an example of a design patent?
Design Patent Examples Some examples of design patents include ornamental designs on jewelry, automobiles or furniture, as well as packaging, fonts and computer icons (such as emojis). Some famous design patent objects include the original curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).
Are design patents worth it?
Simply put, design patents now have increased strength and consequentially value, and as such, may be worth pursuing more so than in the recent past. Further, the ultimate cost to obtain a design patent is in most cases under $4,000; whereas the ultimate cost to obtain a utility patent is typically $10,000-20,000.
How can I patent a design for free?
Steps to Filing a Patent Application
- Keep a Written Record of Your Invention. Record every step of the invention process in a notebook.
- Make Sure Your Invention Qualifies for Patent Protection.
- Assess the Commercial Potential of Your Invention.
- Conduct a Thorough Patent Search.
- Prepare and File an Application With the USPTO.
Are design patents worthless?
As a general rule: design patent applications should only be filed once the look of an invention is finalized or close to being finalized. Simply put, design patents now have increased strength and consequentially value, and as such, may be worth pursuing more so than in the recent past.
Do patents really protect you?
Contrary to popular belief, a patent does not protect your technology from being infringed upon by a competitor. It merely affords you with legal recourse in the event that someone does.
Can a US patent be renewed after 20 years?
U.S. patents issue for fixed terms and generally cannot be renewed. A U.S. utility patent has a term of 20 years from its earliest effective, non-provisional U.S. filing date. Maintenance fees must be paid at 3 ½, 7 ½, and 11 ½ years after issuance of a utility patent, or the patent will expire at 4, 8, or 12 years.
