Design Patents
What is a design patent?
There are multiple types of patents in the U.S. One of them is referred to as a design patent, and it is used to protect a new and original design for an article of manufacture. It only protects the ornamental design and cannot be used to protect the functional aspects of the product.
A design patent is a different type of patent in comparison to the more typical utility patent.
What is a design patent best used for?
A design patent protects the ornamentality of an article of manufacture. It only covers the decorative or visual appearance and does not protect the functionality of the product. It is especially good for protecting ornamentation that connotes brand identity, like a trademark. The same product may have one or more functional features protected by one or more utility patents, and a design patent may be used to independently protect its visual appearance.
How long does a design patent last?
A design patent provides 15 years of protection, and once granted, there are no government maintenance fees.
How do I obtain a design patent?
Working with a design patent attorney, one can prepare and file a design patent application in roughly four to six weeks. The majority of the work entails creating detailed drawings of the design, showing all views of the product, including surface contours. The typical cost of a design patent application for a two-dimensional design is about $2500 – $3500 (USD) per variant and about $3500-$5500 (USD) for a three-dimensional design, per variant.
Once the design patent application is prepared and filed, a USPTO examiner will review the application and issue an office action, which may reject the design claim or allow it to grant. The typical cost for responding to an office action is about $3000 – $3500 (USD). It is hard to predict how many office actions will be issued, but most well-prepared design applications receive at least one before the application is allowed. The government issue fee is $1000 (USD), and then the design patent grants. Design rights begin immediately upon grant. The average time to obtain a design patent can be roughly 18 – 24 months from filing.
Our design patent team
Joseph J. Wang is a registered patent attorney and principal at Schwegman Lundberg & Woessner. He practices in a variety of technological disciplines, including software, Internet, digital media, and mechanical innovations, as well as industrial designs.
Jingyuan Nan is an attorney in the Silicon Valley office of Schwegman Lundberg & Woessner. Her practice focuses on computer and software-related intellectual property (IP) work, including preparation and prosecution of patent applications (US and international) – including design patents. She is also a member of the firm’s China Practice Group, in which capacity she advises the US and international clients on IP issues and strategies in China.
Thomas Obermark is a principal of the firm and a registered patent attorney practicing in the mechanical, electromechanical, and biomedical technologies. Tom has deep knowledge of clearance (freedom to operate) and infringement opinions. His focuses include clearance and infringement investigations in a variety of mechanical technologies, strategic intellectual property counseling and patent procurement. He enjoys working on design patents.
Tony Salmo is a Principal at Schwegman Lundberg & Woessner. His practice includes patent preparation and prosecution, including design patents; freedom-to-operate analysis; and clearance opinions; primarily in mechanical, electro-mechanical, and controls technologies. Prior to working at Schwegman, Tony worked as an Engineer and Engineering Manager in the custom HVAC industry.
Lea Westman is a patent attorney who prepares and prosecutes patents for clients in a wide variety of technological fields, including materials science, medical devices, chemical, and mechanical technologies. She works with clients on freedom to operate and due diligence projects to help focus intellectual property strategy, as well as inter partes reviews. Her skills and experience include design patents.