Protecting your brilliant ideas and designs as an inventor or scientist are critical for maintaining control and enjoying the economic rewards from your hard work. A foundational component of protecting novel inventions is a design patent, which applicants can obtain through the United States Patent and Trademark Office (USPTO). Whether you are just beginning the ideation process or are nearing the completion of an invention, a Boca Raton design patent lawyer can help you in several important ways. It is important to understand the potential role of a design patent in protecting your work and discover how our experienced patent attorneys can represent you during the application process or in navigating infringement claims.
The USPTO grants patents to qualifying applicants as formal recognition of a person’s claim to original creation of the work. Along with this recognition comes the right to prevent others from making, using, or selling an invention. Holding a patent allows a person to take legal action against those who infringe on their intellectual property through injunctive relief and the possibility of compensation for damages. There are several types of patents available to inventors depending on the unique features of their creation – known as an “article.”
A design patent is a specific type of patent that applies to new, original designs that can be manufacturer and reproduced. A design patent can apply to the entire article or a piece of it. For example, a patent could apply to the design of an entire cup or only its handle. Design patents differ from utility patents, which apply to the function of an article, meaning how it’s used or how it works. In some cases, an inventor may be able to obtain both a utility and design patent on their invention. A Boca Raton design patent lawyer can help identify which type of patent may be available for an invention and how many may be necessary, depending on the elements of a design.
Inventors and their legal representatives can pursue a design patent by submitting an application to the USPTO. The design patent application process is highly technical, but generally requires the following items:
Each of these requirements has details that the applicant must follow to avoid a rejection of their application. For example, multiple drawings or photographs may be necessary to fully disclose the different perspectives of the design. After applying and paying the applicable fees, the USPTO will provide a filing receipt with an application number and filing date.
An examiner with the USPTO will then review the application to ensure all formal requirements have been met. Before granting a patent, the examiner must also compare the design with prior art to determine whether it is patentable. Additional response filings and appeals may be necessary, depending on whether the examiner makes any objections to the patent application.
Working with a Boca Raton design patent lawyer can be beneficial when filing an application or navigating an objection to an application. For example, a lawyer can provide a preliminary review of the application to identify any issues that would likely lead to a rejection. A common issue many design patent applicants face is submitting what is known as “improver subject matter,” which includes designs that lack ornamentality because they are purely a result of the article’s function. Designs that lack originality, either because they are naturally occurring or because of prior art, are also considered improper subject matter.
Make the design patent application process as smooth as possible by working with our team of intellectual property attorneys. Our experience in all types of patents gives us an ability to help clients avoid unnecessary expense and delay in registering and protecting their work. If you are considering a design patent or have concerns about an infringement claim, schedule a consultation with our office to meet with a Boca Raton design patent lawyer.
