New York is a place where style is rewarded. From fashion in SoHo to furniture in Brooklyn studios, style is king and determines value. But style without protection is an open invitation for others to simply replicate what you’ve done. That’s where a patent of design comes in and says, “Hey, this style is yours.”
Key Takeaways
A patent of design is protection for the way something looks, not the way something works. That means that the way the curves of your chair look, the way the pattern is on your packaging, or the way the lamp looks are all fair game.
According to federal law, any new and original and ornamental design for an article of manufacture qualifies for protection. If your invention is eye-catching because of the way it looks, then you might just have something worth protecting.
Protect your design before it is stolen!
Talk to the team at John Rizvi and create a filing strategy that meets your product and your ambitions. Your design is as important as your invention.
Understanding the Patent for Design for Peak Protection
A patent for design protects the appearance of the product. This means the appearance can include the look of the product itself or the way the different parts are arranged, as well as the design on the product or any combination of these.
The patent is not in the words. The patent is in the drawings. The United States Patent and Trademark Office looks at the drawings, not the marketing copy. The drawings are what define the boundaries of your patent.
The design has to be new and not obvious to those who are knowledgeable about the area. This means the design cannot look like you took different designs and mixed them together. However, the design can include old elements if it looks different.
How To Obtain A Design Patent in N.Y.? Pay Attention!
The first thing you have to do is search for the designs that already exist.
The next step is to create formal drawings. These drawings must comply with strict USPTO guidelines. Solid lines indicate the claimed material. Dotted lines indicate unclaimed material. It is recommended to hire a draftsman to help you avoid costly changes.
The final step is to file your application with the USPTO. Although your residence is in New York, the rights to a design patent are federal. Your application will be reviewed by the examiner, who compares your work to previously submitted designs.
If your application contains issues, the examiner sends an office action. You then present your argument. Design applications often proceed faster than utility applications. Some applications receive a decision within a year. Design applications receive expedited treatment.
Design Patent vs Utility Patent
This confusion between these two kinds of patents is common. A patent of design covers how something looks. A utility patent covers how something works or how it is made or how it is used.
For example, if you invent a new chair mechanism that helps adjust your posture, this chair mechanism is eligible for a utility patent. If you invent a chair that has a unique shape that makes it stand out on a showroom floor, this unique shape is eligible for a patent of design.
Occasionally, businesses will obtain both of these kinds of patents. The utility patent will protect the chair’s function. The patent of design will protect the chair’s shape. It is a two-part wall of protection.
Filing Abroad and Timing Issues
If you are planning on selling your product outside of the United States, timing is essential. Many countries have strict regulations regarding prior disclosure. It is advisable to file prior to public release.
You can file one by one in the countries. Alternatively, the Hague System allows for the filing of an international design application covering many countries. However, if you want to claim priority from your United States filing, you must file abroad within six months.
Since the right for designs varies from place to place, it is essential to plan well. This will ensure that your product is protected from Manhattan to Milan.
Expert Tip: Designers should focus on the overall look, not the details. Invest time and money in precise drawings that meet the USPTO requirements. Plan your filing strategy with your product launch.
Benefits of a Patent of Design One Should Know of
There is business value in having a patent of design. A design patent can:
- Stop counterfeits. If you have a competitor who is copying the design of your product, you can stop them.
- Help you build your brand. People often buy things based on what they see. If the design of your product is the brand, then having the patent of design can help you.
- Aid you to stop infringing imports. In some cases, you can work with customs officials to stop infringing products at the border.
- Give you leverage. Investors like patents. A patent of design shows you are taking your intellectual property seriously.
Don’t wait for copies to flood the market!
Sit down with John Rizvi and develop a protection plan that works for New York innovators. Own your look with positive pride. It is your invention, after all.
Conclusion
What makes your product unique? Your look and feel. Your patent of design makes that look and feel yours alone. This process requires attention, from your precise drawings to your strategic timing and international planning. If your product has captured the attention of the public because of how it looks, then do not risk losing that value. Sit down with John Rizvi today and protect the look and feel that you worked so smartly to develop.