Can a single design patent application include multiple designs? The short answer is yes, but you may want to think twice before including multiple designs (aka embodiments) in a single design patent application. However, the risk is that a multi-design applicant may incur greater costs in the long term by attempting to cover multiple designs […]
Reasons for Procuring US Design Patents Chinese design patent owners will already know the benefits of design patent protection in the US. Unlike US utility patents, a typical US design patent may be obtained more quickly and for less money. The allowance rate of US design applications, particularly upon a first review by the patent examiner […]
Easier, Faster & Cheaper Design patents are generally faster and cheaper to procure than utility patents. Design patents also have a significantly higher allowance rate than utility patents, with most US design applications allowed without any substantive prior art rejections. The USPTO reported an allowance rate of 90% for design patent applications in fiscal years […]
A design patent application may claim priority to a pending utility non-provisional patent application, but not to a provisional patent application under 35 USC § 172. The drawings in the earlier filed non-provisional application must adequately support the drawings to be filed in the design application.
Strict USPTO Rules for Design Drawings Strict standards apply to US design patent drawings. Generally, the figures should be shown in black-and-white line drawings with proper surface shading and the appropriate use of any broken lines to show subject matter that does not form a part of the claimed design. The USPTO provides a helpful guide […]
Design Patents vs. Utility Patents The essential distinction between design and utility patents is the difference in protecting “How it looks” (design) vs. “How it works” (utility). If you’re concerned about competitors copying the appearance of your concept, then apply for design patents. If you want to protect the functional features of your concept, then apply for […]
On May 13, 2015, the U.S. became a participant in the Hague Agreement on international registration of design patents. U.S. applicants can now file a single design patent application and seek protection in multiple member countries of the Hague Union, similar to the streamlined patent protection afforded by the Patent Cooperation Treaty (PCT) for utility patent applications and that […]
What does a design patent protect? A design patent protects the ornamental appearance of an invention, i.e., how a product looks and not how it works. Design patents are typically cheaper and quicker to obtain than utility patents. While design patents offer limited protection compared to the broader scope of utility patents, filing a design patent […]