Design Patent Cost

Are you searching for design patent cost?  For United States design patent filings with four or less pages of drawings, we are pleased to offer our services for a flat fee of $2250, which is in addition to the fees charged by the United States Patent & Trademark Office as summarized below.

Design patents are an underutilized option for many individual inventors.  In particular, many companies, such as automakers, phone companies, and show companies, file design patents on ALL of their new designs.  For example, many people know about the enormous verdict a few years ago that Apple won against Samsung.  What most do not know, however, is that it was a design patent that was litigated and led to the enormous verdict.  

Design PatentDesign patents are naturally applicable to areas where aesthetics are front and center – for example, wireless phone designs are obvious candidates for design patents.  However, design patents can protect almost any novel design, as long as the design is not ruled to be “functional.”  For example, D789700, which was issued on June 20, 2017, covers the ornamental design of a car seat.  

By protecting the aesthetics of this car seat with a design patent, the manufacturer effectively prevents any party from making identical car seats for a period of fifteen years from the issuance of the patent; i.e., until June 20, 2032.  While an aftermarket manufacturer could make a replacement car seat, it will look entirely different to the original – anyone who knows car buyers knows how many of such replacement car seats are likely to be sold.  

One great advantage of design patents is the speed with which they are examined and granted by the United States Patent & Trademark Office.  Typically, a utility patent will take three years or more, although improvements at the Patent Office have been bringing that time down.  On the other hand, design patents are consistently examined and granted in less than nine (9) months. Another great advantage of design patents is much lower cost  compared to that of utility patents.

Many sources incorrectly describe design patents as “weaker” than utility patents.  We disagree.  In the realm of aesthetics, design patents are the STRONGEST form of protection that can be obtained, bar none.  The only other alternatives are trade dress, which is tenuous at best, and copyright, which is generally not available, and extraordinarily narrow.  While utility patents have more flexibility in their claims, as they use words rather than figures, and a skillful attorney can occasionally obtain exceptionally broad coverage for an important invention, utility patents by definition protect the functional aspect of an invention.  Where a unique appearance is critical to success, a design patent is a far better choice.

And, when an invention has both functional and aesthetic aspects, a design patent can mesh perfectly with a utility patent to provide strong overarching protection.  

In addition, design patents are very inexpensive compared to utility patents.  As set forth below, the cost of filing a design patent is typically $2,440 through the Law Offices of Konrad Sherinian, LLC.  On the other hand, a utility patent application typically will cost 3 times or more this amount.

In addition, design patents confer many of the same benefits as utility patents.  When you file for a design patent, you can still mark your product with the coveted term “Patent Pending,” and there are no “maintenance fees” after the issue fee has been paid – rather, your design remains protected for the full fifteen year term from the date it is granted with no further obligation on your part.  

If you are concerned about Design Patent Cost, our fixed fee table below reciting most charges should help you rest easier.

Preparation & Filing of a Design Patent Application with up to Four Pages of Drawings$2250
Reviewing and providing an overview of the e-filing acknowledgment from the USPTOIncluded!
Reviewing and providing an overview of the Filing Receipt from the USPTOIncluded!
USPTO Design Patent Filing Fee1$45 – $180
USPTO Design Search Fee$30 – $120
USPTO Design Examination Fee$115 – $460

1 The amount of USPTO fees vary based on whether a filer is a micro entity, a small entity, or an undiscounted entity.  Most filers will either be a micro entity (the lowest) or a small entity.

Accordingly, for a micro entity, the total fee for a design patent with four or fewer pages of drawings, would be $2,440.  At this price, there is no need to be concerned with design patent cost.

If you want to pursue your design patent, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.

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