Design patents are filed to protect the way that an object looks. And only the way it looks!
When filing a design patent, the subject matter should describe the visual elements. As detailed as you can possibly get, the shape of the element and the surface ornamentation should be well described. An ornamental design can be embodied into the entire object or it can be applied to it. Each application can only have a single claim.
There are professional patent agencies, such as InventHelp, that could help you with your invention.
It is not okay to file a design patent for an item that is going to be manufactured dictated primarily by function. If at the time that it was designed, there was not a distinct shape or design not dictated by the function, it is improper.
If you have gotten this far and you are still wondering if you are in need of a design patent, ask yourself this- “Is the way that my invention looks, what I want to patent?” If the answer is yes, keep reading.
The USPTO does not require all of these steps but they recommend many of them, so we are going to go through all of the steps that they recommend an application for a design patent have.
This element introduces the invention and the inventor to the person analyzing the application. It should include the name of the applicant, the title of the design, and a brief description of the intended use for the item of which the design is created for. This information will be printed on the patent; therefore it is extremely important to make this look nice.
When deciding upon the title of the design, make sure that the name identifies the item in which the design is used on. This will be the name publicly known.
Unless included in the application data sheet, provide a cross reference to related applications.
3)Statement regarding federally sponsored research or development.
4)Description of the figure(s) of the drawing:
- These are indications of what each view of the drawing represents. Since the drawing is typically the best description for a design, a specified description is not typically necessary but is not prohibited.
- These descriptors should be included if there are portions of the design that are not included in the drawing, or if there is a part of the design that is not supposed to be patented.
- If not included in the preamble, this is also where you would denote the nature and environmental use of the design.
6)A Single Claim:
- Definition of the design which the applicant is wanting to patent, in terms of the item that is being embodied of applied.
- Must be in formal terms and consistent with the title of the invention.
7)Drawings or Photographs:
- The drawing disclosure is the most important part of a design patent application.
- It is extremely important to make the drawing or photograph easily understood without any part of the design being left to the imagination.
- Applicants should refer to the USPTO rules and requirements for the drawings and photographs.
8)Executed oath or declaration:
This is a required statement of the applicant of compliance with the requirements set forth by the USPTO. After you have completed and submitted your application, all you have to do is wait. If for some reason you need to communicate with the USPTO office, you will need to make sure that you have the following information available:
- Application number.
- Group art unit number.
- Filing date.
- Name of the examiner who prepared the most recent Office action.
- Title of the invention.
Preparing your application for your design patent will be time consuming, but worth the effort. Remember to be thorough and extremely descriptive. For any help you can always hire Invent Help agency.