Introduction to Design Patents
If you have ever created a unique design for a product, then you know how important it is to protect your intellectual property. A design patent can help you do just that by giving you exclusive rights to the visual appearance of your creation. In this article, we will cover everything you need to know about design patents, including what they are, how to file one, and why doing a patent search is so important.
What is a Provisional Application?
A provisional application is a type of patent application that allows you to establish an early filing date for your invention without having to submit a full utility patent application right away. This gives you up to 12 months to continue developing your idea while still retaining some legal protection. To file a provisional application, you will need to provide a detailed description of your invention, including any drawings or diagrams that illustrate its unique features.
How to file Provisional Applications
To file a provisional application, you will need to complete USPTO Form PTO/SB16. You can download this form from the U.S. Patent and Trademark Office (USPTO) website. Once completed, you should send the form along with any necessary fees to the USPTO. It’s also a good idea to consult with a registered patent attorney or agent before submitting your application to ensure that it meets all of the requirements for acceptance.
What is a Design Patent Application?
A design patent application is used to apply for protection of the ornamental design of a functional item. Unlike a utility patent, which covers the function of an invention, a design patent only covers the way an object looks. To be eligible for a design patent, your design must be new, original, and non-obvious.
How to file a Design Patent Application
To file a design patent application, you will need to complete USPTO Form SB15. Like the provisional application, you can download this form from the USPTO website. Along with the form, you will need to include at least one drawing that illustrates your design. The drawing must meet certain requirements set forth by the USPTO, so it’s best to consult with a professional before submitting your application.
Why do a Patent Search
Before applying for either a provisional or design patent, it’s essential to conduct a thorough patent search to determine if anyone else has already obtained protection for similar designs. Conducting a patent search helps prevent wasted time and money on applications that may not be approved due to prior art. There are several resources available online to assist with conducting a patent search, such as Google Patents and the USPTO database.
Trademark Basics
In addition to patents, trademarks are another form of intellectual property protection. A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services from those of others. Obtaining a federal trademark registration provides nationwide priority over other users of the same mark and serves as constructive notice to potential infringers.
What is a Trademark Application?
To obtain a federal trademark registration, you will need to file a trademark application with the USPTO. You can file either a use-based application (alleging current use of the mark in commerce) or an intent-to-use application (reserving a future date of first use). Both types require submission of a specimen showing proper use of the mark and payment of applicable fees.
How to file Trademark Applications
The process for filing a trademark application involves several steps, including selecting the appropriate classification(s), preparing a clear and accurate identification of goods/services, and drafting a descriptive narrative of the mark’s origin and significance. Consultation with a licensed trademark attorney is recommended to maximize chances of success and avoid common pitfalls.
Why do a Trademark Search
Similarly to patents, conducting a comprehensive trademark search is critical before investing significant time and resources into a brand name or logo. A trademark search helps identify potentially conflicting marks that could cause confusion among consumers or result in costly litigation down the road. Professional assistance is advised when interpreting search results and assessing risk associated with adopting a particular mark.
