Design Patent Application - What Is The Process? -Menteso IP
24 Aug, 2022 0 Editorial Team

Design Patent Application – What Is The Process?

If you’re a designer, then you know that there are many ways to protect your work and ideas from other companies. One of the most exciting is a design patent. It prevents other companies from copying your design and profiting from your ideas. In this post, we’ll explore what a design patent does and how it works. And why designers should be aware of them!

There are many different types of patents. But one of the more exciting is a “design patent”.

Design patents are a form of intellectual property that protects the ornamental design of an article. They’re different from utility patents, copyright, and trademarks. In that, they protect the look and feel of objects rather than their function.

The US Patent and Trademark Office (USPTO) issues design patents to people and businesses, who have invented something new with an innovative design. For example:- you might apply for one if your idea for a new way to make ice cream would be novel enough for people to recognize as your own work. It prevents other companies from copying your design and profiting from your ideas.

New, unique, and attractive designs for consumer products are eligible for design patents. Design patents protect the actual design of an object (the shape, decoration, or ornamentation). As well as its overall appearance. The patent protects only your idea, not the finished product itself.

For example, if you create a new type of bottle with a unique design that no one else has ever seen before—that would be protected under a design patent. However, if someone else makes exactly the same bottles but puts them in different colors or uses different packaging materials than yours does—those would still be infringing on your rights although no legal action was taken against them.

Now that you’ve read this article and are somewhat prepared for the process of filing an application, it may be helpful to know what makes a design patent unique. A design patent protects the shape and appearance of a product, rather than its functional qualities. This means that although there are many things that could constitute a design patent, such as shapes or patterns on clothing or furniture surfaces (like those found in traditional Chinese rugs), these examples don’t necessarily apply here. Because they aren’t specific enough to qualify as “original”.

Also, keep in mind that only one person (the applicant) can file an application for each design. Therefore if more than one person is involved in creating something like clothing or furniture pieces designed by someone else (as would happen with multiple designers working together), only one person qualifies as the owner/creator of this type of product!

A design patent is an invention protection tool. It is used by inventors to protect their ideas from being copied or imitated by others. Design patents are granted for new inventions that meet specific criteria. They provide a limited monopoly on the design of the product, which means that no other company can produce a similar item without permission.

Who Needs To Apply For A Design Patent?

Anyone who wants to protect their idea from being copied or imitated by another company needs to apply for a design patent. This includes people who make products such as clothing, jewelry, toys, furniture, kitchenware, and household goods. It also includes companies that sell these items.

What Are The Requirements For An Applicant?

To file a design patent application, applicants must first complete a provisional application. In order to do so, applicants need to submit a drawing of their product along with a description of its features. They also need to provide a list of any patents that cover similar designs.

What Is The Cost Of A Design Patent?

Once the provisional application has been filed, applicants will receive a letter notifying them whether their application was accepted or rejected. If it is accepted, applicants will then pay a fee to file a nonprovisional application. This process takes anywhere from one month to two years, depending on how quickly the USPTO processes applications.

When Can I File My Design Patent Application?

You must file your design patent application within 12 months of filing the provisional application. However, there is no limit as to when you can file your application.

What Happens After I File My Design Patent?

Once you file your design patent application, the USPTO will review your application and issue a notice of allowance or rejection. If the USPTO issues a notice of allowance, you will receive a letter notifying you of the date your design becomes effective. If the USPTO rejects your application, you will receive a notice of rejection.