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Design Patents

Design Patents

Non-Provisional Design Patent Services

A non-provisional design patent application is used to apply for a patent on the ornamental design of an article of manufacture. An article of manufacture is anything that is made, not just things that are traditionally considered to be manufactured. Design patents can be granted for a wide range of products, including furniture, clothing, jewelry, and consumer electronics.

Design patents are important because they can give businesses a competitive advantage in the marketplace by preventing others from copying the unique design of their products. Design patents can also be used to attract investors and acquirers, and to increase the value of a business.

Benefits of Obtaining a Non-Provisional Design Patent

There are many benefits to obtaining a non-provisional design patent, including:

  • Exclusive rights to make, use, and sell the design. A design patent gives the patent holder the exclusive right to make, use, and sell the design for a period of 15 years from the date of the grant of the patent.
  • A competitive advantage in the marketplace. A design patent can give the patent holder a competitive advantage in the marketplace by preventing others from making, using, or selling the design.
  • Increased value for the business. A design patent can increase the value of a business by making the business more attractive to investors and acquirers.
  • Licensing opportunities. A design patent holder can license the patent to others in exchange for royalties.

How to apply for a design patent

To apply for a design patent, you must file a design patent application with the USPTO. The patent application must include the following documents:

  • A petition
  • A specification (including a description and claims)
  • Drawings
  • An oath or declaration
  • Filing fees

The application must include drawings or photographs of the design, as well as a written description of the design. The application must also include a single claim that defines the design.

Examination process

Once you have filed a design patent application, the USPTO will examine it to determine whether it meets the requirements for design patent protection. If the USPTO finds that the design is eligible for design patent protection, it will issue a design patent. A design patent lasts for 15 years from the date of grant.

Tinch Law Firm P.C. boasts a high design patent allowance rate and can help you with all aspects of the non-provisional design patent application process, including:

  • Conducting a design patent search. Before filing a design patent application, it is important to conduct a design patent search to determine whether there are any prior designs that are similar to your design. If there are prior designs that are similar to your design, your design patent application may be rejected.
  • Drafting a detailed description of the design. The description must be clear and concise enough for a person skilled in the art to understand the design and make it without undue experimentation.
  • Preparing claims that define the scope of the design protection sought. The claims must be carefully drafted to ensure that they are clear, concise, and supported by the description.
  • Filing the non-provisional design patent application with the United States Patent and Trademark Office (USPTO).
  • Responding to office actions from the USPTO
  • Enforcing your design patent against infringers

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