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Design Patent Application

Design Patent Application Drafting and Prosecution

Design patents are given for new "ornamental" designs.  In recent years the protection they provide has been significantly increased by several landmark rulings that greatly expanded their scope.  Whenever applicable, it is highly recommended to procure Design Patent protection in addition to Utility patents.  The most value in protecting a product both ways is when its unique form closely follows its unique function. 

You may want to review our overview on design patents before exploring this form of patent protection.  Bay Area IP drafts and prosecutes design patents on your behalf.  We have a very high success rate of winning Design patents and preparing the application costs much less than that for Utility patents.  Prosecution of the Design patent follows the same, or very similar, laws, rules, procedures, and, hence, cost as that for Utility patents.

The patent laws provide for the granting of design patents to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences. See current fee schedule for the filing fee for a design application. A design patent has a term of 14 years from grant, and no fees are necessary to maintain a design patent in force. If on examination it is determined that an applicant is entitled to a design patent under the law, a notice of allowance will be sent to the applicant or applicant's attorney, or agent, calling for the payment of an issue fee. The drawing of the design patent conforms to the same rules as other drawings, but no reference characters are allowed and the drawing should clearly depict the appearance, since the drawing defines the scope of patent protection.

The specification of a design application is short and ordinarily follows a set form. Only one claim is permitted, following a set form that refers to the drawing(s).

For information regarding our preparing your Design Patent Application, please Contact Us or request a Quote.


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Need help learning about and determining your company's IP options?  You may want to schedule a consultation with a Bay Area IP Professional to most efficiently and effectively assist you in making your next step, the right one.
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Legal Notice: None of the information provided in this website should be construed as or used as legal advice. The information provided here is for educational purposes only, in order to help inventors learn background information before consulting a practitioner. Since the best course of action in any specific matter will depend on the specific facts of the matter, NOTHING on this site can provide a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your particular situation.

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