What is a Design Patent?

11/19/2017

Many people are confused about design patents as compared to utility patents or do not even know that design patents exists. Adding to the confusion is that both design and utility patents may be used to protect the same invention. So when should you use a design patent and when should you use a utility patent? You may answer that question by asking yourself the question "Is what I am trying to protect function or decorative?" For example, say that you have come up with a new pattern of tread that you want to use on a snow tire that is to be sold. Lets say that your new tread pattern provides your tire certain advantages on snow over current snow tires. Since your new snow tire is more "functional" than current snow tires then you will want to obtain a utility patent on your new tread pattern. Conversely lets say that your new tread pattern gives your snow tire the "appearance" that it performs well on snow but in reality it doesn't; It just looks really cool, rugged, and mean. Since your new pattern is decorative then you will seek a design patent on it. Beware, using this example say that you know that your new tread pattern provides better performance on snow over other snow tires but to cut costs you seek a design patent on your new pattern. If your competitor can provide that your new pattern is functional then your design patent will be revoked and you will not have the opportunity to go back and get a utility patent on the tread pattern; in effect you will lose all rights to any sort of patent.

Below are design patents for the Crocs shoe, Chrysler Crossfire, Apple iPad screen layout, and a tire tread pattern.

Design patents are a cost-effective mechanism to add value to a company and combat the counterfeiting of products when protecting ornamental features. For more details contact me.

8 Comments

Eva Corpus

8/16/2018 05:23:52 pm

I am interested in a design and utility patent. Want to know the costs. And what are your fees? Also, do I need to have my design before you can help us?

Kenneth Avila

8/16/2018 05:34:37 pm

Hi Eva,

The costs can vary considerably depending upon the complexity of the invention. You may, as a ballpark figure, expect to spend somewhere close to $20,000 over a 3 to 4 year period while prosecuting your application before the patent office. About half of that amount will be spend filing your application during the first year and the other half spent on defending your application against the the patent office. The more novel the idea the less of a fight you will have to face thus reducing the costs. The patent office does not "rubber stamp" applications.

The costs above are for a utility patent. For a design patent expect the costs to be about $3,000 for filing the application. There is also less of a fight with the patent office on design patents so you will save money there as well.

I hope that this was helpful. If not please give me a call at 909-255-6116.

Thank you Eva.

Mitchell

7/12/2019 01:23:45 pm

Would using a traced tread pattern in a logo design for a tire retail shop be considered copyright infringement or is it limited to tire manufacturers?

Thanks you

Ron Booker link

1/29/2020 11:04:48 am

It was great to learn that a patent is an intellectual property right that protects your invention idea so no one else can copy or sell it. I know a guy who has a product that could benefits elders with arthritis. I will recommend him finding patent services in his area to protect his invention.

Adam Golightly link

6/1/2021 01:14:53 pm

I can see how a business could really benefit from getting a patent for its design in order to be more effective. Making sure that they are following the law could be easier when they are working with a professional. Thanks for explaining how they can design something that looks like it will do well in snow, but it should be more functional than normal snow tires.

Jason Perez link

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Victoria Addington link

2/14/2023 10:02:01 am

I liked how you wrote that design patents can prevent the counterfeiting of products. My friend wants to bring his invention to life. I think it's time for her to turn to an invention design company that can realize her designs.

What is a Design Patent?

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