How to Protect Your Product’s Look Before Competitors Copy It
If the appearance of your product or concept stands out, a design patent may be one of the most effective ways to stop competitors from copying it.
Many businesses assume design patents are optional and put off filing. That delay often leads to regret when competitors start selling copycat products.
The reality is that design patents can be highly effective at stopping knockoffs, especially when filed early. Here is a helpful summary of the design patent process and costs.
Need to file a design patent application? Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you obtain a design patent.
What a Design Patent Protects
A design patent protects the ornamental appearance of a product or graphical user interface. It protects how a product looks and not how it works.
Make sure you understand the crucial difference between design patents and utility patents. Many potential clients start off thinking they want a design patent when, in fact, the unique features of their invention are functional.
Design Patent Process (Step-by-Step)
The design patent process is much simpler than that of a utility patent.
Step 1: Prepare Design Patent Application
A proper design patent application requires formal black-and-white line drawings. The USPTO has strict requirements regarding the appearance and format of design patent drawings. We work with trusted vendors to have formal drawings professionally made.
It can take about one to two weeks to prepare a draft design patent application for review.
Step 2: File with USPTO – Patent Pending
After the client approves of the draft application, we finalize and electronically file the design patent application with the USPTO. The USPTO instantly provides a Filing Receipt identifying the filing date and application number.
Step 3: Examiner Review
The average wait time for an initial examiner review of a design patent application is over 15 months.
If the application is approved, a Notice of Allowance will be sent. Otherwise, the Examiner will send an Office Action containing any objections or rejections.
Certain issues, such as drawing objections, are simpler to resolve.
If the Examiner thinks your design is not unique, you will receive an Office Action with prior art rejections. These types of rejections will require greater effort and a higher cost to resolve.
Step 4: Patent Issuance
If allowed, the design patent will be granted after payment of the issue fee.
Design patents have no renewals or maintenance fees. They expire 15 years from the issue date.
What We Need to File Your Design Patent Application
Initially, we need to determine whether the design patent application will be owned by you as an individual or your company. If your company has fewer than 500 employees, we will file your design patent application as a small entity, paying the lower USPTO fee.
Here is a short list of what we need from you:
- Owner information: Is the design patent owner an individual or company?
- If company, fewer than 500 employees? (small entity is entitled to reduced USPTO filing fees)
- If individual, qualify as a micro entity?
- Engagement Agreement signed on behalf of the design patent owner;
- Design Patent Checklist (to be provided);
- 3D file of your design such as a CAD (STP) file. If unavailable, send photos of your product from the following views:
- front, rear, left, right, top, and bottom; and
- (optional) isometric view from a three-dimensional angle which can be quite helpful;
- Retainer (total flat rate to be calculated after determining small entity or micro entity status).
Why Timing Matters
Many businesses wait until competitors copy their product. By then, it may be too late. US law only allows for a 1-year grace period for filing US patents, measured from the earliest date of public disclosure of your design.
Waiting to file after you have already started selling your product will also increase costs and delay. For example, the USPTO examiner may find your Amazon listing and use your own prior product listing to reject your design patent application.
We have been successful in overcoming such rejections, but responding to such rejections will require extra cost and time.
What are the Chances of Success in Obtaining a US Design Patent?
US design patent applications enjoy a high rate of allowance that is approximately 83% (at the time of this post).
The high likelihood of granting a design patent makes the design application process more predictable. With greater certainty comes more precise estimates of the cost of the entire process from start to finish.
How Much Does a Design Patent Cost?
The cost of obtaining a design patent typically consists of at least two stages: initial filing and the issuance.
Without rejections, the total cost to obtain a design patent will be approximately $2,900 for a small entity.
Please see our costs for filing a design patent application.
Need to File a US Design Patent Application?
Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how we can use design patents to protect your new product or concept.
Request a free initial consultation by submitting the form below.
