Design Patents

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A design patent registration is a form of intellectual property protection that covers the ornamental design of an article of manufacture. This protection can be a cost-effective option for businesses seeking a more limited form of patent protection, or when an invention is unlikely to qualify for a utility patent.

The most important element of a design patent application is the drawing disclosure. Unlike utility patent applications, which use a detailed description of the invention and claims, design patent applications rely on drawings to provide visual disclosure.


A design patent registration is an important part of an IP strategy for businesses that manufacture or sell products. It can protect your product’s unique look and feel from copycats.

The cost of a design patent varies depending on how long it takes to file the application, but it typically ranges between $2,000 and $3,000. This includes filing fees, search costs, and examination costs.

It is a good idea to obtain a patent attorney early in the development process, so that they can help you determine which type of patent would be most appropriate for your invention. Also, if you based your design on another person’s design, you may want to consult with your patent attorney before submitting the application to ensure that you haven’t infringed upon their rights.

The cost of a design patent depends on the complexity of your invention. Generally, it costs about $2500 to prepare a patent application that covers both design and utility elements, but this increases for complex inventions and languages.


The appearance of a design is important, as is its ability to stand out in a crowd. The best way to accomplish this is by having a top-notch patent attorney on your side, one who will take the time to understand your design and your business goals. The best part is that you will likely pay less than you would if you hired an amateur. The cost of a high-quality design patent application varies from company to company, but it is usually well worth the investment. Some of the most cost-effective and scalable solutions are to hire a design savvy legal team and to outsource the filing as much as possible. The above mentioned solution is also likely to provide the most return on your investment and avoid costly pitfalls that plague the average business.


Design patents may be issued for a period of 15 years from filing. However, they do not require ongoing maintenance fees.

A design patent application includes a set of drawings that describe the claimed design. These drawings should be prepared in accordance with Patent Office guidelines.

It is important to include enough images that completely disclose the claimed design. This could include front, top, bottom, side and rear views of the product.

These can be either hand drawn or computer-generated. The drawing disclosure should also clearly define the scope of the invention.

Another issue is the scope of comparison prior art. As a rule, prior patents should not be considered in a design patent infringement analysis unless they are a direct match to the claims of the patented design.


Design patents, also known as ornamental patents, are a great way to protect the appearance of your invention. In addition to protecting the aesthetics of your invention, design patents can stop others from making, using, or selling your patented design for 15 years after your patent is granted.

To obtain a design patent, your invention must be novel both in terms of its utility (what it does) and its appearance. This can be difficult, so we highly recommend working with an Orange County intellectual property attorney who has experience in handling design patents.

A design patent application must include a drawing or black-and-white photograph of the claimed design. The drawings or photographs must be clear and complete to satisfy the disclosure requirements of 35 U.S.C. 112, and they must show each of the required six views.

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