Friday, July 27, 2012

How Hard Is it to File a Design Patent?

Type/Status Drop Down Menu from Google Patents
Dear Rich: After looking at the sample design patent filing at your design patent site, it appears as though this is fairly easy. Is it really as easy as it appears?  Yes, we believe that with the aid of a draftsperson (someone who can do technical patent drawings), most people can file a design patent application. You can peruse some examples of design patents to see for yourself by using this search page at Google Patents. Enter the type of work you've created -- for example "table," "earrings," etc. -- then choose "Design (D)" from the drop down (see left). Examining the results, you'll see that no writing skill is required; it's all a matter of depicting your design accurately. However, after you file, you may need legal assistance if the design patent examiner determines that your design does not meet the standards of novelty and nonobviousness as described at our site. Keep in mind we're talking about design patents, not utility patents, and you will be getting protection only for the ornamental design of a useful object.