How an invention looks can be as important as what it does.
Over the past few decades, the plethora of content that falls under “Intellectual Property” has radically changed and developed. What hasn´t changed is that inventors and innovators still require protection for their designs, ideas, brands, and products. Patent attorneys like Howard M. Cohn, who have been in the IP area of law for 30 years or more, have experienced every aspect of the preparation and prosecution of provisional and non-provisional patents, trademarks and service marks, patent infringement matters, licensing patented inventions, licensing negotiations, and copyright matters. Getting the right patent for your invention and design or a trademark for your name, or service is not something to take lightly. If you´ve got something you think could be of value, the first thing you should do is seek out the advice of a licensed Patent and Trademark attorney who helps protect inventors and their rights.
Start with the FAQ´s about patents. What kind of patent does my invention need?
A patent is a way the government can offer protection to the inventor to prevent anyone else from making, selling, or using the invention for the duration of the patent. But did you know there is more than one kind of patent? A design patent is very different from the more common utility patent. The design patent has a disclosure that is primarily limited to the drawings filed with the patent application. It protects the ornamental features of an invention. Only the appearance of the product is protected under a design patent, not the structure or function.
Why would I want a design patent for my invention?
Think about some of the items we use every day that are unique in their design. A certain vacuum cleaner that operates on pivot ball may come to mind. Or maybe a blanket with sleeves that recently took the country by storm. The protection afforded by a design patent is useful when an otherwise ordinary commercial product has a novel shape that is distinguished by its ornamental or aesthetic appeal, as opposed to its mechanical function. When a utility patent is unobtainable because the product lacks a new function or structure, a design patent can still be obtained to protect the ornamental or aesthetic product features.
What do I need to get a design patent?
Most of the effort in preparing a design patent application is centered on illustrating the shape of the product in as general terms as possible. This offers the most product protection for features of your design. Unless the shape of the new design is similar to an existing product, much of the effort during the examination process in the Patent Office involves formalities, which often concerns the drawings.
How long does a design patent protect my invention?
A design patent has a life of fourteen years and unlike a utility patent, no maintenance fees are required. Because there are multiple kinds of patents and provisional patent applications that could possibly offer you longer protection, it´s best to consult with an IP attorney experienced in writing, filing, registering, and defending patent rights.
Discussing the patent process with an IP Attorney can offer you valuable insight in the most affordable way to protect the product features, intellectual property, and rights. Remember, instead of sitting and watching a competitor beat you to the punch, establishing a priority date with your design patent filing and securing your patent rights to the design features of your invention may save you a lot of money in the long run.
