Things You Should Know Before Applying For Design Patent -Menteso IP
applying for design patent
10 Mar, 2022 0 Menteso Editorial Team

Things You Should Know Before Applying For Design Patent

A patent is a right that is granted to the inventor. Before applying for design patent, an inventor must identify which type of patent their invention is.

Types Of Patent are:

  1. Utility Patents: It covers the invention of a new or improved product, process, or the machine. 
  2. Design Patents: This patent right is granted to inventors that have invented a new, ornamental design for an article of manufacture. 

Before applying for a patent, inventor and startups should ask three questions to themselves:

These 3 questions will help you to decide when you are ready to file a patent for your invention:

1. What makes my invention new?

Take a good look at all the related products and technologies and determine what makes your invention different from everything else. It will give you a better understanding of your invention’s value.

2. Is Your Invention or Idea Novel?

Before filing a patent, you have to know more than what is new about your invention or idea. You have to know that if your invention is novel or not.

3. Are You Ready to File a Patent Application for your invention?

Before filing a patent, be assured that you have a good idea of your invention’s novelty and if you have sufficient of a patent application to persist patent prosecution. This will help you to file the best patent application that you can.

So here are the top tips you should know before applying for patenting invention:

1. Work in an inventor’s notebook: It is a great way for documenting and measuring progress as you test and refine your designs.

2. Do market research: Take the time to do your research to see if your idea is even worth it. These few simple questions you can answer by visiting your local stores or doing some online searches.

  • Will your product sell?
  • To whom?
  • Where? Online? At stores? 
  • How will it be sold? 
  • At what price? 
  • Who is your competition?
  • Why is your product idea different?

3. Admissions – Be careful with what you say: One big problem independent startups and inventors face when they choose to express themselves is concerning the very real obstacle of admissions. Those who are expressing themselves should be given relevant references before they file a patent application or say anything during the prosecution of a pending patent application. Everything the inventor does say can be used against them.

4. Determine whether your concept has passed the invention barrier: We cannot patent an idea. The solution is to take that invention idea, test it, refine it, redesign that idea. Every step will take you closer to a tangible invention that is patentable.

5. Acquire and use a non-disclosure agreement: Non-disclosure agreements are contracts that can be used to defend against infringement in ways that a patent cannot.

6. Join an inventors group: It will give you access to the people just like you. 

7.  Make a simple prototype or mock up of your invention idea: It will help you explain clearly how your invention works and how it solves queries for potential customers. 

8. Make sketches and 3D models of your invention: It will help you tweak and make adjustments to your invention. It is an inexpensive way to present ideas without having to make a perfect prototype.

9.  Learn about the processes your product will need to be manufactured: Learn about the expenses of manufacturing your product or invention. Visit maker places in your area. Talk to people in the industry your product is concerned. Before researching the process you are inquiring about, make your first phone call for getting even a rough idea of what is going on that will help you ask the right questions and get the most out of every intercommunication. 

10. Get a design for manufacturing/design for assembly (DFM/DFA): If you’ve done your market research, understand the processes and costs necessary to produce your invention, and have a basic design for how your invention will work, you now need to have an expert design it specifically for the process in which it will be manufactured.

11. If necessary, file a provisional patent application (PPA): Provisional patent drawings can be your friend. This will give you some time to work on your invention and show manufacturers, investors, and others that you know the process and are serious about guarding your intellectual property. You can also search for a lot of information online about provisional patent applications. 

12. If you fear being specific don’t seek a patent:  If you are afraid to be specific in a patent application then you really should not be seeking a patent in the first place. Instead, you should be keeping what you have invented or what is your invention to yourself as a trade secret to the greatest possible extent.

What else you need is to include additional fees for filing, search, and examination purposes.