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 reasonable flat fee. You can always find our most up to date pricing at the following URL https://sherinianlaw.net/patents/cost-fee-price/.
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 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 – in some cases one-third the amount\. Check our latest prices here: https://sherinianlaw.net/patents/cost-fee-price/
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 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.
Patent 101
Watch Our Video
Here’s a short video describing an overview on patents. It covers a lot of the basics, including the three main types of patents:
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- Utility Patents
- Design Patents
- Plant Patents
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
