Please remember that we are not experts and are not delivering legal counsel here. You are responsible for choosing the correct responses to each question; if you are unsure of anything, you should seek advice from a patent attorney or agent.
A design patent’s concept
A design patent protects the “style” rather than the “functioning.” Consider applying for a registered design if your product attracts customers or consumers based more on how it looks than functions. When utility and innovation are essential to an invention, you should submit both a utility patent application and a design patent application.
One should apply a Design on the ergonomic shape of the shoe, and a Utility application also on the better grip is reached using such a design if your invention or product relates to the ergonomic shape of the shoe that also provides a more excellent grip.
Black-and-white drawings or photographs
The essential facet of a design patent filing is the drawings. Either one sketch or a sepia photo must be given with every design patent application. Since the picture or photograph is the only graphic illustration of the claim, everything relating to the design being claimed to be patented must be present in the drawing or photograph. The design sketch or picture must adhere to 35 U.S.C. 112, first paragraph disclosure standards. The graphics or photographs must provide good perspectives to constitute a complete disclosure of the claimed design to comply with 35 U.S.C. 112.
Colour illustrations or colour photos
Only after approving a petition submitted under 37 CFR 1.84(a)(2) and justifying the need for the colour drawings or photographs would the USPTO accept colour drawings or paintings in design patent applications. Any such petition shall be accompanied by three sets of colour drawings or pictures, the price specified in 37 CFR 1.17(h), and the stipulation shall give forth the following text preceding the description of the drawings:
“At least one coloured drawing is in the patent or application file. The Office will send copies of this patent or patent application publication with colour drawing(s) upon request and payment of the required fee.
Design patent applications’ main component
In contrast to utility patent applications, where the invention is extensively described in writing, design applications require extensive demonstration of the story through expert drawings. View the pictures from the design patent USD770745S1 that was just issued. Although we did not work on this patent, we are providing it for your consideration. Below is a list of what is written in the awarded patent.
Description
FIG. A non-slip shoe cover with improved grip is seen in perspective in Figure 1,
FIG. 2 is an elevation view from the front,
FIG. 3 is an elevation view from the back,
FIG. 4 is an elevation view from the left,
FIG. 5 is an elevation view from the right,
FIG. 6 is an elevation view from the top, and
FIG. 7 is an elevation view from the bottom.
CLAIM
1.The illustrated and detailed ornamental design for a shoe cover with increased grip.
From the illustration mentioned above, it is evident that what you will write in a design patent is modest compared to what you must demonstrate to be given a design patent. Refer to Avoiding frequent mistakes in design patent drawings and Successful patent drawings for a design patent for more information. Professionally done drawings for design patents should depict all necessary viewpoints with shading and achieve consistency.
Drawings for a design patent cost money.
With us, the cost of professional patent drawings ranges from USD 40 to USD 55 per view. The cost of professional patent drawings varies from Illustrator to Illustrator depending on complexity, turnaround time, quality, etc.
Following the completion of the patent drawings, you have two options: either self-submit the design patent application at the USPTO or seek the assistance of a patent attorney. If you use a patent attorney, there will be fees, which again vary from attorney to attorney and can be anywhere between USD 750 and USD 3000.
You can file a design patent application yourself by going to USPTO and choosing an unregistered filer.
