A design patent is granted to protect the unique appearance ordesign of a manufactured object. Things that can be protected with a design patent include almost anything that is actually made, as well as graphical user interfaces for computers, tablets and smartphones as long as a portion of the display is shown. The shape of a computer chair or the design of a steering wheel, for example, can be protected by a design patent.
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 provides tenuous protection, 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 often obtain broad coverage for an important invention, utility patents, by definition, protect the functional aspect of an invention. So if a unique appearance is critical to success, a design patent is a better choice. And if an invention has both functional and aesthetic aspects, a design patent can mesh perfectly with a utility patent to provide strong overarching protection.
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.
Design patents are granted for fifteen years from the date that the patent is granted, and are not subject to the payment of maintenance fees.
Quicker to get.
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 from the time of initial filing to actually issue as a patent, 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.
Inexpensive in comparison.
Another great advantage of design patents is much lower cost compared to that of utility patents. As set forth below, the cost of filing a design patent is typically $2,500 through the Law Offices of Konrad Sherinian, LLC.
Our Basic Design Patent Fees
While it’s possible to file for a design patent yourself, our clients find that the work it takes to do it right, and remain assured that their inventions are protected in the best manner possible, more than pays for our low fees.
For Design Patents, we charge flat fees to prepare and file an application:
Legal Fee: $2250 (including up to four pages of drawings)
Filing Fee: $255.
Fee for Each Additional Page of Drawings: $350.
For Design Patent Prosecution:
Most Office Actions: $1650.
Legal Fee to Review Notice of Allowance, Attend to Issue Fee and Advise on Same: $650.
Issue Fee (assuming qualified as microentity): $185.
The Law Offices of Konrad Sherinian
Experienced Patent Attorneys
Patent Law is Complicated. 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.
Contact Us Today
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 when you can speak to an experienced patent attorney.
Thinking about a patent? Have questions? Request a personal consultation by calling us or use our online request form. Virtual consultations available.