File a Design Patent Application

Design Patent Application Form

An inventor is anyone who contributed to the novelty of the invention. A company may or may have already had the inventor(s) assign their ownership rights in the patent to the company or another individual, but the US Patent and Trademark Office (USPTO) also wants to record the actual persons who were inventors, even if they ultimately do not have an ownership interest in the granted patent.

Inventor Information

Information for Inventor #2

Primary Applicant Information

Applicant Information

Assignment

If this application is to be assigned (that is, the ownership transferred to a company or other third party), then we will require that have co-inventor sign execute an assignment conveying ownership rights in the patent application to the company or third party.  Note there is an additional charge to have the assignment recorded at the USPTO.

Please Tell Us About Your Invention

The secrecy of your invention and the details of your patent are important to us. While we prefer to communicate with you via email with password protected documents for convenience and efficiencies, we also understand that some clients prefer to communicate by other possibly more secure but more expensive means. If you let us know your preferred communications method, we will try to work with it.

Design patents are less expensive than utility patents, are easier to prosecute to issuance, and are usually quicker to get granted as patents. Design patent protection is limited however to a single design. If your product includes a variety of specific styles, then design patent protection may not be the most ideal choice. In certain situations where you may have two or three versions of the design that are highly similar other than some minor detail. Thus, additional "embodiments" of the design to the drawings are possible ($125 per page for drawings), and the PTO may agree that you only have one design but with multiple "embodiments." If the USPTO approves your design application, then the granted patent will protect all of the embodiments disclosed in the application. But if the PTO does not agree, you will be required to choose and commit to one of the designs and then file "divisional" patent applications to protect the alternative designs, if you still wanted to protect the other designs.

*Service times are estimates to first draft for review. Fees do not include drawings, which are $125 per page. CAD or Solidworks files are helpful and may reduce the cost of drawings.

PTO Filing Fee Worksheet:

Question list (please check yes or no for each question):

Price: $1,250.00

Please list any other relevant details regarding patenting of this invention. You have the obligation to the US Patent & Trademark Office to fully disclose any non-patented prior art. Also, if you sold or offered the invention for sale more than one year ago, your patent rights may be reduced. Please provide any information that may limit your patent rights or otherwise affect the strength of the application.

What happens next?

Once we receive this completed request form, and all related drawings, photos, and other requested information, we should have everything we need to get started on your application. If you still have questions, be sure to make an appointment with your assigned patent practitioner to discuss. Once we finish the patent search, if you ordered one, we’ll send you the patent search report with our opinion as to what it means for you and the patentability of your product. Then, provided we have all of the required details that we need to do the patent drawings and claims, we’ll prepare the drawings and claims over the next 2 to 3 weeks, and send you a draft for your review. Shortly after that we’ll send you the first draft of the patent application and drawings. Once you approve the complete application and sign the Power-of-Attorney and Declaration forms (to follow), we’ll be able to file your patent application, usually that same day at the PTO, and at that point you’ll be officially “Patent Pending.”

Once your US design application is filed, you will have one year to file any foreign or other applications. While we strive to remind clients of upcoming deadlines, we are not always able to reach you if you've moved, or if your email address changes, or our docketing system fails, etc. So ultimately the responsibility of meeting your filing deadlines remains with you.


Also, after your design patent application is filed, be sure to let us know if any of the following occurs:

  • You find a relevant prior art patent or product that might impact the patentability of your invention
  • You move or change phone numbers or email addresses
  • You publicly disclose the product, offer it for sale, launch a website that discloses the product, etc.

 

Additional Terms: This application is for a single US Design Patent Application only.  The above fee does not include any work on a subsequent set of drawings, responding to PTO office actions, issue fees, maintenance fees, etc. In order to qualify for patent protection in the U.S., your invention must be new, useful, and non-obvious in light of all other prior art inventions. If it would be obvious to “one skilled in the art” or field of your invention, you may not ultimately receive a patent. Please be sure you understand the level of novelty of your device before assuming that merely by applying for a patent you will receive one. Patent Searches, if done through us or elsewhere, are never 100% complete, so there is always some risk that a patent search will have missed a relevant reference. Each country has its own patent laws and filing requirements. You should make us aware of any potential public use or offer for sale of your invention beforehand so we can advise you as to the potential ramifications of public disclosure. There is no guarantee that paying us to submit a patent application on your behalf will result in a patent being granted. Refunds will not be granted for services already rendered. PTO fees can be raised without notice, so you agree that you will pay any additional amounts owed if the PTO raises filing fees before we have filed your application. Fees deemed earned when received.

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