How can you protect your product with a design patent?

Can a design patent protect your new product?

When compared to utility patents, design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional. Let’s explore when it makes sense to pursue a product design patent.

Can you file a design patent application for a functional product?

It is certainly possible to file a design patent application for a functional product. Companies do it all the time. Just because a product has functional features does not mean it is automatically ineligible for design patent registration.

The key is understanding what a design patent protects. While functional features may exist, you can still file a design patent application to focus on the ornamental features. In fact, you can even use certain tricks in the drawings to carve out the functional features which are not being patented.

How do you use design drawings to exclude functional features?

You may have seen design patent drawings with broken or dashed lines. What is the meaning of broken lines? They indicate that the portion or object drawn in dashed lines are not being patented. They exist for context. Here’s a helpful design patent application guide from the USPTO with some examples of design patent drawings.

File separate design patent applications to protect different parts of your product

Instead of thinking outside the box, why not focus on a portion of the box? Suppose your concept has a certain part with a unique visual appearance. For example, it can be the lid or cover of a container. Perhaps a side portion or underside is very different looking. You may have intentionally designed your product with a cool or fun feature that doesn’t really serve a functional purpose.

You can use a design patent application to cover a component of a product by carefully disclaiming the rest of the product in the drawings. I’ve written about the use of broken lines here.

A wise IP strategy may involve one design application covering the entire product, and multiple design applications covering different portions of the product. This may give you more IP rights when a competitor copies only a certain component.

Can you register a 2-dimensional graphic design or artwork as a design patent?

It is possible to patent a two-dimensional image such as a GUI. However, the drawings must still show an “article of manufacture” meaning that a product must still be drawn. To patent a graphical user interface, for example, the design drawings would show the GUI in solid lines as displayed on a device drawn in dashed lines.

The same principle would apply to artwork or graphic designs shown on consumer goods. Confer with your patent attorney to explore the option of drawing the consumer good in broken lines and the artwork in solid lines.

Here’s a USPTO example of a design patent drawing using broken lines to disclaim the structure of the product and solid lines to claim the artwork:

design patent drawings with structure of product shown in broken lines and artwork in solid lines
https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide

What is the cost of a design patent application?

The initial filing cost of a design patent application is $995, not including USPTO government fees. USPTO fees are $255/$510/$1,020 for micro/small/large entity. So our total initial filing cost starts at $1,250 for a micro entity, $1,505 for a small entity and $2,015 for a arge entity.

Our flat rate includes our fixed attorney fee of $770 plus illustrator fees for the six required design views. Additional fees may apply for more views or more complicated drawings.

Design patent applications enjoy a significantly high success rate and a low probability of rejection. Nearly 7 out of 8 design patent applications will be allowed. So it is fairly accurate to predict the overall cost of an average design patent application from start to finish.

For a small entity such as a company with less than 500 employees, the overall cost of a design patent application from start to finish is approximately $2,500 to $3,000 for roughly 7 out of 8 design filings. 1 out of 8 design filings may be subject to higher costs due to a rejection.

Thinking of filing a product design patent application?

Contact US patent attorney Vic Lin via email or call (949) 223-9623 to explore how we can use design patents to protect your new product.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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