There are different kinds of patent. One of these is design patent. Design Patent, as its name indicates, gives importance to the design of the invention. A design patent protects the structure of the invention instead of protecting the idea of its working. For a product having a distinct shape, and ornamental structure, a design patent is granted. The applicant must know that for getting a design patent, it should have practical application. A design patent ensures that no one is stealing the design of your product. However, you should file a design patent application to refrain others from using your design.
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Specifications of a Design Patent
The written statement that an applicant attaches with design patent application is called specifications. The applicant needs to follow this structure:
- Preamble – It is a short introduction that indicates that a an applicant is seeking design patent. It also includes name of the applicant, name of the invention.
- Cross-reference to related applications.
- Add a description of the features of the invention.
- Include figures and drawings of the invention.
- Statement regarding the claims of the ight to invention.
What are the steps to file For Design Patent?
While filing an application for design , make sure that you are attaching the drawing of the invention. The drawing should of the invention for which you are seeking a design patent. A design patent includes one claim that is to protect the object’s appearance.
Once you file the patent application, the examiner will review your design patent application. The examiner will determine if the patent application qualifies for the patent or not. The USPTO will notify you regarding the same. Once your design patent application gets USPTO approval, you will have to pay the fee for the same.
What is the validity of a Design Patent?
For design patent applications on or after May 13, 2015, the validity of the design patent is 15 years. The design patent will expire after the lapse of 15 years.
What is the cost of the filing Design Application?
Obtaining design patent is quick when you compare it with Utility Patent. Also, the cost to get a design patent is less than the utility patent. The current cost to file for the design patent application is $390. The applicant must note that it does not include associated legal fee. It only includes filing and examination fees.
Illustration is the key component when it comes to filing design patent application. The patent illustrator may charge $75 to $100 per sheet.
What are the Benefits of filing Design Patent Application?
Following are the reasons why filing design application is a great idea:
- It is less expensive than utility patent.
- Design patent is good if you want to protect the appearance of your invention instead of its functioning.
- Design Patent Application gets easier approval when you compare it with utility patent.
- The application process is quick and short.
Conclusion
Design patent application provides protection to the appearance of the object instead of the functioning of the invention. There are plenty of benefits associated with the design patent not to mention the low cost. However, the design patent illustration plays a significant role in obtaining protection for the shape of your invention.
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