A Guide to Filing a Design Patent Application

A Guide to Filing a Design Patent Application is a 36-page legal document that was released by the U.S. Department of Commerce - Patent and Trademark Office and used nation-wide.

FAQ

Q: What is a design patent?
A: A design patent is a type of patent that protects the visual appearance of a new, original, and ornamental design for an article of manufacture.

Q: How is a design patent different from a utility patent?
A: A design patent protects the visual appearance of a design, while a utility patent protects the structure or function of an invention.

Q: What can be protected by a design patent?
A: A design patent can protect the ornamental design of an object, such as its shape, surface decoration, or pattern.

Q: Who can file a design patent application?
A: An individual, a group of individuals, or a legal entity such as a corporation can file a design patent application.

Q: What is the process for filing a design patent application?
A: The process for filing a design patent application involves preparing and submitting a written application, including drawings or photographs, paying the appropriate fees, and complying with the formal requirements of the US Patent and Trademark Office.

Q: How long does it take to obtain a design patent?
A: The time to obtain a design patent can vary, but it generally takes around 12-18 months for the application to be reviewed and processed.

Q: How long does a design patent last?
A: A design patent lasts for 15 years from the date of grant.

Q: Can a design patent be enforced?
A: Yes, a design patent holder can enforce their rights by suing for infringement and seeking remedies such as damages or an injunction.

Q: Can the same design be protected by both a design patent and copyright?
A: Yes, it is possible for the same design to be protected by both a design patent and copyright, as they protect different aspects of intellectual property.

Q: Do I need an attorney to file a design patent application?
A: While it is not required, it is generally recommended to hire an experienced patent attorney or agent to assist with the preparation and filing of a design patent application.