Design patents, a powerful tool to protect the look of your invention. It doesn’t protect how your invention works, just how it looks, but how an invention looks can also be very important to protect. So, your invention has a unique look that you want to protect. What do you need to do to file a design patent application?
Drawing Your Design
We need to show the patent office what your invention looks like from all angles. This includes at least the front, the back, the left, the right, the top, and the bottom. Think about how you can show these views. It could be a hand sketch on paper, or an illustration drawn on a computer. If you know how to use 3D computed aided design (CAD) programs, you could draw a 3D model of your invention. You could make a prototype of your product so we can see how it looks from all angles, or you could clay model a prototype. We need to see what your invention looks like from all angles to prepare the design patent drawings.
Preparing Design Patent Drawings
The patent office requires design patent drawings which meet their requirements. Generally, this means black and white line drawings to show the invention’s shape, plus additional lines called surface shading lines to show the invention’s depth and form.
In the design patent for the Lamborghini Murcielago, see how the car is drawn using only black lines. Then, notice how there are parallel lines on the hood of the car which look like a reflection or glare of light. This shows that the hood of the car is a solid surface of metal or similar material. Then, notice how there are parallel lines on the windows of the car which are spaced further apart than the lines you see on the hood of the car. The parallel lines on the windows of the car show that the surface is transparent.
The patent attorney or patent agent you work with will take your design and work with you and often a professional design patent illustrator to create patent drawings that meet the exact requirements of the patent office. It is critical for design patent drawings to be drawn correctly and accurately as it defines what your patent protects. If drawn incorrectly and filed to the patent office, it often cannot be fixed and you may have to start over with a new patent application.
Filing the Design Patent Application
Once all the design patent drawings are prepared and properly shaded, it’s time to submit the design patent application to the patent office. There are many things to consider when filing a design patent application. All the inventors must sign declarations that they are the inventor. If you have previously filed a similar design patent in the United States or even in a foreign country, you may be able to claim the earlier patent application’s filing date. If you know of similar designs, you may need to disclose those designs to the patent office. Preparing the proper paperwork to file the patent application is just as important as preparing the design patent drawings. Our patent firm frequently gets requests from inventors who want us to fix their improperly prepared design patent application and many times, we must file a new design patent application as the improperly prepared one cannot be fixed.
Waiting for Design Patent Examination
Once your patent application is submitted to the patent office, you’ll wait for the patent office to examine your design. It’s called examination because the patent office examiner examines your design closely against other designs that already exist. To be awarded a patent, your design must be nonobviously different from other existing designs. In other words, you can’t just have small differences from other designs, you need significant differences to justify that you deserve a design patent.
The patent office may not immediately approve your design patent application. They may ask you to correct some drawing lines or shading lines. They may show you other designs that are out there and ask you how you are different enough from those other designs to deserve a patent. The design patent application is a process which may require back and forth discussion with the patent office. Although most design patent applications are approved so long as you have made a new design that is significantly different than existing designs, know that not all design patent applications will be approved. If it is the opinion of the patent office that your design just isn’t different enough from other designs out there, they may refuse to grant you a patent. Know that rejection is a risk of the patent application process. If patent office ultimately thinks your design is nonobviously different from existing designs, they will notify you that your patent application has been approved and you can move on to get your patent granted.
Issuing the Design Patent
If your design is considered different enough from other designs out there, the patent office will invite you to have your design patent granted. This involves submitting a request to issue the design patent and paying a design patent issuance fee. Afterwards, the design patent will be officially granted, and you’ll receive a design patent certificate. With a design patent in hand, you can stop others from making, using, selling, or importing a product with your design for 15 years. You’ll be the only one who can use that design!
