The legal conflict between Samsung Electronics co Ltd and Apple Inc, which lasted for about 7 years before the court handed a resounding victory to Apple in its bitter patent war with Samsung, ordering the South Korean tech giant to pay more than $1 billion in damages for “willfully” copying the iPhone and iPad design, can help one understand the importance of a design patent in an application for a product.
Even if you don’t regularly follow legal developments, you must be able to recall the curving Coca-Cola bottle design, the Statue of Liberty, or the shape of your computer mouse. These items all had design patents that were given to their respective owners by the United States Patent Office (s). You must have grasped the value of patenting ideas just by looking at how popular the Coca-Cola bottle design has become over the years.
Given the significance of design patents, we made the decision to publish an article to explain what they are and how they are protected.
What are patents for designs?
A design patent is a type of legal protection given to an item’s or manufactured good’s attractive appearance. Simply defined, it is designed to protect the decorative design or appearance of the object rather than the practicality or utility of an innovation. In other words, you can file a design patent application to seek legal protection if your product has a distinctive configuration, distinctive surface decoration, or both.
Typically, ornamental designs on jewelry, mobile phones, cars, or furniture, as well as packaging, fonts, and computer icons, are eligible for design patents (such as emojis).
A design for surface ornamentation is inseparable from the product to which it is applied and cannot exist alone, which is one of the key characteristics of design patents. Some significant laws that affect submitting design patent applications in the US include:
- 35 U.S.C. 171
- 35 U.S.C. 172
- 35 U.S.C. 173
- 35 U.S.C. 102
- 35 U.S.C. 103
- 35 U.S.C. 112
- 35 U.S.C. 132
Also read: How to Tell the Difference Between Patent Drawings and Industrial Designs
prerequisites for submitting a design patent application
One of the most useful weapons for safeguarding human beauty is the design patent, however not all designs are accepted by patent offices like the USPTO. Your items or designs must comply with the following conditions in order to be granted design patent protection:
- unique to the creator (s)
- Should have some aesthetic appeal
- fulfill the aesthetic criteria
- new, not a duplicate of which can be found in the preceding art
- unknown from the existing design (s)
- When a product is being used, it must be visible to the user.
Also read: Top 3 Drawing Errors in Design Patents That Lead to Office Actions
What separates utility patents from design patents
| Useful Patents | Patents on designs |
| Awarded to an invention’s functionalities | Given to an object’s visual appeal |
| has a 20-year lifespan | has a 14-year lifespan |
| Possible renewal | not renewable |
| There is a maintenance cost to be paid. | No maintenance charge is necessary. |
| Utility patents are costly and challenging to obtain. | are comparatively more affordable and accessible |
Considerations when submitting a design patent application
Step1: Analyze Your Patent to See whether It’s a Design Patent- We must confirm that our design meets the requirements for a design patent before applying. The above list includes a number of factors that influence whether a design patent is eligible. Before submitting a design patent application, the following requirements must be met.
Step 2: Do a prior art search- Similar to utility patents, we must do a thorough prior art search in order to determine whether our design is original and does not only include the creation of new mechanisms.
Step 3: Publish engaging drawings- Contrary to utility patents, the success of a design patent is greatly influenced by the design or its aesthetic appeal; as a result, it should be depicted in a drawing that can aid the patent office in determining how the design differs from existing ones and whether it qualifies for a design patent in the first place.
Step 4:Determine the design category- Designs are separated into classes for convenience’s sake. Industrial Designs must be categorized in a way that is universally recognized and based on the purpose of the product. In the application, the class and subclass must be identified. There are 32 classes total, and the majority of them are further broken down into sub-classes.
Step 5: Please be mindful of the Locarno International Classification of Designs- When looking for, searching for, or locating such patents, it is important to keep in mind the Locarno Categorization System, which is the international classification system for industrial designs that is managed by the World Intellectual Property Organization (WIPO).
Step 6: Make a priority date claim- You can assert your priority date by stating your prior application if you want to submit your design patent via the convention route. However, only governments that are parties to WIPO or other intergovernmental organizations are eligible to use the convention method.
It is advisable to obtain the assistance of a professional as the success of a design patent application rests in large part on how it is written. Someone (person or business) who is knowledgeable about the specifics of submitting design patents. One such business, Patent Drafting Catalyst, has extensive expertise submitting design patent applications for clients from a variety of industries in several jurisdictions.
For the greatest services, use Patent Drawing Experts
We at Patent Drawing Experts think that submitting a design patent application involves more than just adhering to the fundamental legal requirements; it also entails adding value to your product through aesthetics. As a result, the team is made up of patent drawing specialists that can assist our esteemed clients throughout the entire process. We have produced a number of design patents that have been successfully issued or enforced against infringers, which inspires us to provide even better service to our clients.
Whether you want to protect your existing design by enforcing your claims or you want to apply for a design patent, our team can come up with a solution that will enable you to make your case. To learn more, visit our services page.
