What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. […]
Category: Design Patents
What do dashed lines in a design patent mean?
What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is […]
What is a design patent divisional application?
Design patent divisional application: when do you need it? Though it does not happen often, a design patent application may occasionally be filed with multiple designs, known as embodiments. The hope of the applicant is that design application will issue with all designs, thereby saving some money. Unfortunately for the applicant, design patent examiners tend […]
What does a design patent protect?
Should you file a design patent application? Without a doubt, design patents are cheaper and quicker to obtain than utility patents. The low cost and low probability of rejections certainly make design patents an appealing option for cash-strapped startups seeking some type of protection. If the appearance of your product or concept is arguably unique, […]
How to speed up design patent applications
Can you speed up design patent applications? Yes, you can speed up the examination of design patent applications. Applicants may file a request for expedited examination (aka Rocket Docket). The average wait time (pendency) for a first Office Action in design applications is about 14 months (as of November 2019). Keep in mind that these […]
Can graphic designs and patterns be protected in the abstract by design patents?
What is an article of manufacture? Design patents cover only those designs that may be applied to articles of manufacture [see MPEP 1503]. An “article of manufacture” essentially means a physical end product, or a component thereof, that results from the manufacturing process. There is no such thing as a pattern design patent or a […]
How to protect product parts with design patents
Is patenting replacement parts a smart IP strategy? If there is a market for secondary product parts, it may make sense to file design patent applications to protect the ornamental appearance of each visually unique component. It is not uncommon for an overall product to be protected by multiple design patents covering individual parts. This […]
Design patent vs. Trademark: Comparing differences and finding the best IP to protect your products
Design patent protection versus trademark protection Why compare differences between design patents and trademarks? It seems that most folks have some understanding of basic differences between utility patents and trademarks. With design patents and trademarks, the line gets murky since both types of IP are visual. A patented design is meant to be seen. Trademarks, […]
Can fashion and clothing be protected with design patents?
Protecting fashion with design patents In the fashion world, looks matter. Design patents are all about protecting unique ornamental appearances, so it makes sense for the fashion industry to consider this type of IP before launching new lines. Keep in mind that US design patents have specific requirements that may differ from design laws of […]
GUI Design Patents: What to know
Is US design patent protection available for a graphical user interface (GUI)? Yes, it is possible to obtain a US design patent on a graphical user interface. The patent examining rules refer to GUIs as two-dimensional Computer-Generated Icons which may be statutory subject matter (read protectable) if they comply with certain guidelines [see MPEP 1504.01(a)]. […]