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 […]
Articles Tagged: design patent
Should you file a design patent or utility patent?
Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should file a design patent or utility patent. While every concept is different, certain general guidelines can help you choose the right patent application. Technical differences between utility and design patents have been discussed here. With […]
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 hard is it to get a patent?
How hard is it to get a utility patent? Before delving into how hard it is to get a utility patent, we should define that we mean by easy. If easy means getting a patent without any rejections, then only 11% of utility nonprovisional patent applications get allowed without any rejections according to this Yale […]
How to patent a product
Should you file a patent application? Before discussing how to patent a product, let’s briefly consider the why question. Give some thought to this fundamental question: Should you patent your product or idea? A wise IP strategy should cover the following factors before filing patent applications: Product lifespan (How long will the product realistically last […]
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 […]