Skip to content

Design Patent

Design patents are intended to protect the intellectual property rights on the original shape or ornamentation of an article. This type of patent protection has nothing to do with the function or utilitarian features. The gist of a design patent application must be in relation to the configuration or the surface arrangement. It can even be a combination of the two as you can see from how to apply for a patent with InventHelp article.

The application can only have one claim against a design. This patent claim defines the design and gives a description. The concessions can be applied to nearly any object, including furniture, tools, household items, purses, and more.

Simple And To The Point

Before you begin submitting a patent application, you must determine if your invention falls under the protection of design patents. There are two basic factors that determine if your invention falls under the appropriate subject matter for protection.

The first factor is that only industrial designs can apply. This means that artwork like paintings or sculptures cannot apply because they lack functional features. The second factor is that the design must not interfere with the functionality of the object. If it does, it will not qualify for a design patent, though it may be eligible for cover under other types of patents. For that reason, it is advisable to have professionals, like InventHelp patent agency, by your side.

Once you have claimed your rights with design patents, you can include the right to exclude others from producing, using, or selling that design without your permission, and these rights can be enforced by federal courts. The length of time for a design patent term in most cases is between 14 and 20 years. Others can’t even produce something similar. Your prior art will be on file for those doing a design patent search and will be upheld in any filing a patent proceedings.

Leave a Reply

Your email address will not be published. Required fields are marked *