Design patents are an invaluable tool to protect the unique aesthetic of your inventions. The United States Patent and Trademark Office (USPTO) offers two types of design patents – utility and design. When applying for a provisional design patent application, there are some important steps to take to ensure the it is correct. Here, the process for filing provisional design patent application is discussed with guidance for each stage.
I. Understanding a Design Patent Application
A design patent application protects the unique aesthetic of your creation and looks to provide a 15-year term of protection on the visual design of the invention. This type of patent typically protects the shape, configuration, and overall look of the invention while a utility patent would cover the functionality of the invention itself. Specifically, a design patent application can cover patterns, surface ornamentation, and color.
II. Gathering the Necessary Information
Before filing a design patent application, you need to gather the following information:
– Description of your invention
– Specifications of size, shape and visual appearance of your invention
– Photos or drawings of those features
– Date of conception
– Date of first public disclosure
– You must also state whether the invention was previously used in commerce
III. Preparing to File
Before filing a design patent application, you should make sure you meet the three patentability requirements:
– Novelty: The design must be novel, meaning it doesn’t exactly match or “anticipate” previously filed patents
– Non-obviousness: The design must be non-obvious, meaning it’s not a mere slight variation of a previously existing design.
– Utilitarian: The design must be useful, meaning that it must improve a function in some way.
It’s important to make sure your design meets all of these requirements in order to proceed.
IV. The Filing Process
Once you have gathered all the necessary information, you can file your design patent application with the USPTO. The process includes submitting an application, claiming priority to a foreign application, and a response to an office action. It is important to submit an accurate and complete application, as this will affect the validity of your patent in the future.
V . Final process
After your design patent India application is submitted, the USPTO will examine the application and check for compliance with the three patentability requirements. Once the application passes the examination process, it will become legally enforceable. It is important to keep track of the patent’s expiration date and make sure to renew it before it expires.It reserves your copyright and you must be careful about it.
Conclusion
The advantages of online patent filing are clear: it is a convenient, cost effective and secure means of protecting your intellectual property. Many jurisdictions around the world have embraced digital filing, providing a fast and efficient way to protect your inventions. By taking the time to understand the process, research the requirements for your jurisdiction and ensure you have gathered all the necessary documents, you can take full advantage of online patent services.
