No one wants to sell or buy products that look incomplete, irrelevant, forgotten, or moldy. For better or for worse, the look matters. In many cases it can be the difference between profits and fruitless toil. You can use a design patent to prevent other competitors from copying your product designs or redesigns. It protects the aesthetic features of your product from being stolen by others. A design patent ensures that you paid for your look, and not also for your competitors’.
What is a design patent?
A design patent is a right to exclude others from making and selling the same aesthetic features in your product.
You need a design patent when you want to protect a product’s look, style, or ornamentation, as opposed to the functionality or a process.
How does a product design patent differ from a utility patent?
A design patent differs from a utility patent in that the design patent only protects the product’s aesthetics and not its function. You cannot use a design patent to protect the functional features of your product.
Industries in which design patents are most common:
- Any industry where sellers often copy others’ products. Amazon, for example, is full of products that would benefit from design-patent protection or prosecution.
- Replacement parts business, like for car parts (e.g., wheel rims).
- Disposables. You want people to buy your disposable glove, trash bag, light bulb, toner cartridge, and not a knock-off product. If you get a design patent on that, then no one else can legally make and sell one that looks like yours.
When should you hire an attorney for your design patent?
The best time for an attorney to parachute in is right after the inventor makes a 3D-computer-generated product model. Before that, you will need some agreements so that the engineers who design your product will not leak any sensitive information. For example, an invention assignment agreement will be required to assign their invention rights to the inventor. Here are a few agreement templates for your review.
Common mistakes people make when pursuing their design patent pro se
The most common mistake that inventors make when they seek design patent protection for their product is to use a design patent to try to protect functional features of their product.
Design patents do not protect functional features, but rather only the aesthetics of a product. Many inventors are drawn to the relatively low cost of a design patent (compared to a utility patent) and assume that the design patent will be good enough. Not only would that fall short of protecting the product’s functionality, but it also would most likely fail to protect any design features. Attempting this sort of half-measure is a complete waste of money.
The other mistake people make when they pursue a design patent is that they think a design patent will protect the general look shown in the drawings of the design patent. However, a design patent protects only the specific look shown in the drawings.
Helpful resources on design patents
How much does a design patent cost?
Schedule Your Consultation
Let’s discuss your invention and goals. I am based in Orange County and work with inventors throughout the United States. You can call me, patent attorney James Yang, at (949) 433-0900, or book a consultation here.