Utility Patent vs Design Patent: Choosing the Right One for Your Device
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First and foremost, consider the jurisdictions in which you seek protection, then determine how wide-ranging your protection needs to be. Still have questions about what type of IP protection is right for your situation? Take our Intelligent IP Quiz or schedule your free phone consultation to speak with an experienced IP attorney about protecting your software innovation.
Surface Shading
Some IDOs will automatically recommend that you pursue patent protection for your idea with little regard for the value of any patent that may ultimately issue. For example, an IDO may recommend that you add ornamentation to your product in order to render it eligible for a design patent, but not really explain to you the purpose or effect of such a change. Because design patents protect only the appearance of an article of manufacture, it is possible that minimal differences between similar designs can render each patentable. Therefore, even though you may ultimately receive a design patent for your product, the protection afforded by such a patent may be somewhat limited. Finally, you should also be aware of the broad distinction between utility and design patents, and realize that a design patent may not give you the protection desired. A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture.
Applying for a patent
A utility patent is the type of patent most people are familiar with—it’s the patent you get when you invent a device that does something new or performs an old task in a new way. A utility patent protects the functional aspects of your device, such as the way it operates or is used. Samsung and Apple got into an argument about this phone, but it wasn't related to the smartphone's function.
Protect your invention today
Lead lines are required for each reference character except for those, which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. This information includes the registration number of each practitioner having a power of attorney in the application (preferably by reference to a customer number). Providing this information in the application data sheet does not constitute a power of attorney in the application (see § 1.32). The jewelry cabinet is shown in broken lines for illustrative purposes only and forms no part of the claimed design.
Can You Get a Design Patent Without the Help of an Attorney?
We begin with this signature step so we don’t waste your valuable time and resources on a patent you may not need. Also, it ensures your business goals are aligned with our research. After patent approval, understanding the approved patent’s claim scope will help the patent owner identify and challenge infringements. Unfortunately, a design patent has a limited capacity of what it can protect. A competitor can make their idea look slightly different in design, without infringing on the patent. (b) The Office will not examine an application that is not in condition for examination (e.g., missing basic filing fee) even if the applicant files a request for expedited examination under this section.
The Federal Circuit Considers: What Makes a Design Patent Obvious? - Hunton Andrews Kurth LLP
The Federal Circuit Considers: What Makes a Design Patent Obvious?.
Posted: Mon, 12 Feb 2024 08:00:00 GMT [source]
Drawings or Black and White Photographs
A single product may have both a design patent and a utility patent at the same time. One of the key differences between the two patents is their lifespan. When the article in question has a unique exterior appearance and competitors are likely to copy its appearance, a design patent application should be filed. Design patent applications are commonly filed to protect aesthetic features of consumer goods such as mobile phones, shoes, cars etc.
The Time Advantage
It can be hard to file both, and you should speak with an attorney first to make sure you follow all the rules and procedures correctly. Both applications will give you a status of patent pending while they're being processed at the Patent Office. The design patent application, in contrast, emphasizes visual representation over technical specifications. It necessitates drawings or photographs that clearly depict the novel design from all pertinent perspectives. These visual exhibits must be accompanied by a single claim that defines the scope of the design sought to be patented.
Functional Protection With Utility Patents
(iv) The text of a paragraph to be deleted must not be presented with strike-through or placed within double brackets. The instruction to delete may identify a paragraph by its paragraph number or include a few words from the beginning, and end, of the paragraph, if needed for paragraph identification purposes. Any corrections on drawings submitted to the Office must be durable and permanent. The scale to which a drawing is made must be large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction. Indications such as "actual size" or "scale 1/2" on the drawings are not permitted since these lose their meaning with reproduction in a different format. One view must not be placed upon another or within the outline of another.
Broken Lines
When considering whether you should pursue a design patent, the general nature of your product is a solid starting point for this inquiry. You must ask yourself if the innovative, key features of your product are inherently structural, functional, or visual. If the appearance of the product is of the utmost importance or is unique, a design patent would be ideal.
Companies and businesses carrying products that have a unique ornamental appearance that may not otherwise be protected by a utility patent most commonly seek design patent protection. While the realms of utility and design patents can seem convoluted, understanding their unique purposes and the protections afforded is indispensable for inventors. Whether you’re aiming to shield the functional features of your invention or its ornamental design, being well-informed can make all the difference in your intellectual property journey.
The design patent application process is broadly similar to its utility counterpart, but a successful filing gives protection for 15 years instead of 20 and does not require maintenance payments. Design and utility patent applications can be filed at national patent offices of each country in which patent protection is sought. International utility patent applications can be filed under the Patent Cooperation Treaty (PCT) by filing PCT applications, whereas international design applications (IDAs) can be filed for design patent applications. Once your patent is registered, staying proactive is the best way to prevent others from stealing what you have achieved. Contact us today to learn more about how our brand protection software can help you safeguard your revenue by protecting your design patent. Recall that design patent protections remain intact for approximately 15 years, while utility patent protections last for 20 years from the date of the filing of the application.
This means the plant wasn’t simply grown from a seed; it could be a result of processes like grafting or cutting. The uniqueness of plant patent lies in the plant’s distinctiveness, a marked difference from known varieties, be it in terms of color, shape, size, or other identifiable traits. This patent is needed when an inventor develops a new original ornamental design for the appearance of a manufactured item.
This can include aspects like shape configuration or surface ornamentation applied to consumer goods. Design patents are often easier to obtain than utility patents, although the application process is still detailed and sometimes just as lengthy. There is no standardized form for a design patent application, although applicants are required to submit clear and detailed drawings to the USPTO, often showing the invention from all or multiple angles.
You'll have a harder time getting a licensing agreement with a design patent than with a utility patent. Utility patents are often more difficult and expensive to get than a design patent. You should plan on the Patent Office rejecting your utility patent application initially. Moreover, you should also plan on responding to a minimum of one rejection before your application actually is allowed. While they protect the basic functional aspects of the invention, they also provide broader protection for the patent. This makes it harder for a competing product to get away with patent infringement.
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