How to get a Design Patent? what how much will it cost?

A design patent provides the protection on the esthetic design of a tool and is fully well-defined with line drawings representing the device. the look patent compared to a utility patent is straightforward and has fewer hectic jobs one can avail. the foremost important aspect of a design patent is the drawings. USPTO recommends 7 standard views for a design application that may cover complete protection of the invention. Those 7 views are also of the following: 3D/isometric, top, front, left, right, bottom, back. However, the number of views will be increased if the merchandise consists of over 1 embodiment. as an example, a commentary is formed of 3 embodiments then the amount of is 3 (embodiments) X 7 (views) =21. Also, it's advised that Birdseye/perspective views/drawings be submitted to visibly show the look and shape of 3D designs. If in an event, a perspective view is submitted in the design application, the surfaces shown would normally not be required to be shown in other views if these surfaces are clearly understood and fully disclosed within the perspective.

A design application may only have one claim (37 CFR § 1.153). Designs that are independent and discrete should be filed in separate applications since they cannot be reinforced by one claim. So, to induce a design patent one must get the drawings prepared by an expert drafting company like “The Patent Drawing Services”. To be specific, the sport of getting a design patent is through a high-quality formal drawing with appropriate shading and consistency. Also, the drawing disclosure is the most important part of the applying. Every design application must include formal drawings of the claimed design. Because the drawing constitutes the total visual disclosure of the entitlement, it's of maximum importance that the drawing is clear and complete, that nothing regarding the planning pursued to be patented is left to speculation. The design patent drawings should go with the disclosure necessities of 35 U.S.C. 112. To fulfill the wants of 35 U.S.C. 112, the drawings or photographs must include enough number of views to institute a whole disclosure of the looks of the look claimed. Similarly, the foremost effective thanks to avoiding claiming a specific design feature or element are to point out such feature is broken or dashed lines.

Further, views that are merely duplicates or mirror images of other views of the planning are also omitted if the specification makes this explicitly clear. as an example, if the left and right sides of a design are identical or a reflection, a view should be provided of 1 side and a press release made within the drawing description that the opposite side is identical or a reflection (i.e., “the right-side elevational view could be a similitude of the left side”). If the underside is flat and includes no ornamentation, that view could also be omitted if the figure descriptions include an announcement explaining the view (e.g., “the bottom is flat and un-ornamented”). “Un-ornamented” mustn't be accustomed to describe visible surfaces that clearly aren't flat. The foremost effective thanks to avoiding claiming a selected design feature or element is to point out such feature in broken or dashed lines.

Filing Requirements for Design Patents

There are several components to a design application, though the majority of the preparation time will typically centre on the drawings section. The most important elements of a design patent application are:
1) Drawings
2) Preamble, stating applicant's name, title of the look, brief description of the drawings , and intended use of the article on which the planning is embodied
3) Cross-references to any related patent application(s)
4) Statement regarding any federally sponsored research and development, or funding
5) Full description of drawings
6) Figure description
7) A single claim
8) Executed oath or declaration

Drafting of the claims in a patent application is usually the foremost laborious and important element of a non-provisional application. However, in a design patent application, only 1 claim is required and the USPTO considers the simplest "description" of the invention to be the drawings themselves, therefore the claim drafting takes a backseat in design patent applications.

Information Disclosure Statement

During the drafting of the application process, you'll need to file an Information Disclosure Statement (IDS). This document informs the USPTO of any correlated "prior art" one recognizes to aid the examiner within the assessment of your application. Prior art usually comprises patents, journals, or evidence within the public province that relates to your invention/design. The USPTO will conduct a prior-art search but filing an IDS can help speed up the review period. Thus, if you're tuned in to any prior art, you ought to submit an IDS within three months of your design application filing date. If you wish an expedited review of your application, an IDS is required, together with other matters, and a further fee. Lastly, design patents applications are examined quicker than utility patent applications, rather than waiting 2 or 3 years for a utility application to be filed, design patents applications could also be examined and allowed within one year. Hence, you'll be able to mark your product patented quicker.  We at “The Patent Drawing Services” can help you to expedite the process of your design application.

Design patent cost:

Apart from the cost of preparing a formal patent drawing, there are still other costs involved in order to get your design patent. If you understand these costs early, you may be able to strategize your funds. On a different note, you have other options in case the cost of filing a design patent is too much for you. It requires presenting your product to the public and investment partners. In reality, very few inventors choose to go for crowdfunding in order to raise money to file for a design patent. But you may file a patent directly if you are well aware of the design patent cost and own enough funds. Below is the average cost of filing a design patent:

Micro-entity - $190
Small Entity- $380
Large Entity- $760
The cost of hiring a patent attorney for the drafting of your application and filing the same is $1,500 to $3,000. Generally, the design patent cost is much less than that of the utility patent. The average cost of a basic utility patent related to the mechanical field is $4,500. However, a complex utility patent may cost up to $5,000 or maybe more.

Related Links :

1. What patent should we apply A Design or Utility Patent? And how is Design Patent different from Utility Patent?
2. What can Patent Attorneys do in COVID-19 Pandemic disruption on the patent filing?

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