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Design patents protect the ornamental appearance of an invention,
and only afford minimal protection as a result. On the other hand,
they are less expensive and still allow you to legally claim "patent pending"
while the application is pending at the US Patent & Trademark Office (PTO). Here is a more complete
comparison with utility patents. Be sure you understand the ramifications
of filing a design patent if you're just trying to save money...
you may be advised to file a provisional patent application and
then follow-up a year later with a utility patent. We can help you
make that decision... please ask if you
are at all unsure.
Benefits and Drawbacks of Design Patents
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Benefits
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Drawbacks
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| Inexpensive (compared to Utility Patents) |
Protects "ornamental
appearance" only, not "how it works" or utility aspects |
| Allows you to legally indicated
"patent pending" after filed |
Only 14 year duration instead of 17-20 years with utility patent
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| Good for protecting items
with ornamental or aesthetic appeal (i.e.., hubcaps, car designs,
etc.) |
Does not protect "how"
the invention works |
Filing fees less expensive
than utility patent
($230 vs. $462) |
Drawings more expensive
($125/sheet vs. $100) because they're more detailed |
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More likely to be granted than utility patents (~95% vs ~40%)
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All Design Patent Applications include:
- Cover Sheet and Title Of Invention
- Brief Description of the Drawings (see drawings typically required with design patents)
- 1 Claim (design patents only ever have one claim)
- Up to Three Drawing Sheets (add'l at $125 per sheet)
Note: Design Patents revolve around
the very detailed, complex drawings that are required. As such,
these drawing sheets are typically billed at $125 per sheet as opposed
to $100 for utility patents. Please see the patent
drawing pages for further information and examples. We need
very detailed sketches or photos of a prototype, from all angles
(front, back, left side, right side, top, bottom, and one perspective
view--see design patent example
for all of the views that are required). We can't do the patent
drawings without these views, so these photos or sketches, or an
actual product sample, are required before we can begin work.
To get started, complete the form below. Alternately, you may
fax or mail this hard-copy order form
with sketches, prior art, payment, and any other necessary information.
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