Design Patent Registration in the US - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Design Patent Registration in the US: What You Need to Know

Design registration is an essential step for businesses and individuals looking to protect their unique and innovative designs. In the United States, design registration is governed by the US Patent and Trademark Office (USPTO), which provides legal protection to the ornamental features of a product.

 

In this article, we’ll explore the design registration process in the US, the criteria for patentability, the requirements for the patent application and the design patent cost. You can find information on how to register a utility patent in our another article.

Contents

1. What can be patented as a design in the US?

2. What are the requirements for registering a design patent in the US?

3. The process of registering a design patent in the US

4. Design patent opposition process in the US

5. The design patent costs in the US

6. Final thoughts

What can be patented as a design in the US?

 

A design patent is a type of legal protection granted to the ornamental design of a functional item, such as a piece of furniture, a computer icon, or a piece of jewelry. It protects the appearance, rather than the functionality, of an object, and prevents others from making, using, or selling a similar design without the owner’s permission.

 

A design patent typically lasts for 15 years from the date of grant, and it can be a useful tool for protecting the unique and identifiable appearance of a product.

 

The criteria for patentability are the following:

  • Novelty – the set of essential features is not known in the world prior to the priority date or application date.
  • Originality – the design must not be obvious to a person with average knowledge and skills in the relevant field of art.

 

Multiple variants of a single concept may be filed in one design application, so long as their appearance and shape are similar.

 

No legal protection is given to:

  • design, characterized only by a utilitarian purpose;
  • design patent drawings that could be considered offensive to any race, religion, sex, ethnic group, or nationality.

The novelty grace period allows for a 12-month window before the US filing date or priority date, during which the design can be disclosed without affecting patentability, if disclosed by the inventor or someone who obtained the information from the designer.

What are the requirements for registering a design patent in the US?

 

The applicant for the design patent can be any person or entity. There can be several authors and applicants.

 

Application should include the following:

  • transmittal letter;
  • application data sheet;
  • design patent drawings or photographs (as a rule, the drawings should be made in black and white and contain 7 views: front and back views, top and bottom views, side views (right and left), perspective view. It is also possible to include a detailed view in magnification);
  • executed oath or declaration (by the inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration directed to the application);
  • description, including:
    • preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
    • cross-reference to related applications;
    • statement regarding federally sponsored research or development;
    • description of the figure(s) of the drawing;
    • feature description;
    • a single claim;
  • Information Disclosure Statement;
  • priority document (if applicable).

 

In a design patent application, only one claim is allowed, which specifies the design that the applicant intends to patent with respect to the article it is embodied or applied to.

 

Conventional priority is 6 months. The priority document can be submitted at any time during registration of the design application, up to the date of payment of the issue fee. A priority document that is not in English must be translated into English and the translation submitted along with a copy of the original priority document.

The applicant must provide an Information Disclosure Statement (IDS) that includes any information that may be relevant to the determination of the design patent’s patentability. The applicant must continue to fulfill this duty until the patent is issued or the application is abandoned. Failure to intentionally submit an IDS may result in the design patent being declared unenforceable later on.

The process of registering a design patent in the US

 

Registration of a design application might take between 1-3 years. Working with an experienced design patent attorney can help ensure that your application is properly prepared and that you have the best chance of receiving patent protection for your design.

 

The first step in registering a design patent is to conduct a search to determine whether there are any existing patents that might prevent your design from being registered. This search can be conducted on the United States Patent and Trademark Office (USPTO) website or with the help of a design patent attorney.

 

Once you have determined that your design is eligible for patent protection, you need to prepare and file a design patent application with the USPTO. The application should include detailed drawings or photos of the design, along with a written description of the design and a single claim that defines the design in terms of the article in which it will be embodied or applied.

 

After filing the application, you need to wait for the USPTO to examine your application. This process can take several months to a few years, depending on the backlog of applications. At the stage of formal examination, the correctness of filling out the application, the availability of the necessary documents, and the payment of the fee are checked. The substantive examination entails checking for completeness of the drawing disclosure and a comparison of the claimed subject matter with the prior art.

 

If the USPTO finds any issues with your application, such as prior art or a lack of novelty, they will issue an office action that outlines the issues and gives you an opportunity to respond. You will need to work with your patent attorney to prepare a response that addresses the USPTO’s concerns.

 

If the USPTO determines that your design is eligible for patent protection, they will issue a Notice of Allowance. At this point, you will need to pay an issue fee and the patent will be granted.

Design patents have a term of 15 years from the date of grant. US design patents are not subject to maintenance fees or annuities.

Design patent opposition process in the US

 

Any person may file a protest against a pending design patent application before its publication. After filing a protest, the applicant is typically given a one-month period to respond, unless circumstances justify a longer period. Third parties may file a request for ex parte reexamination during the period of enforceability of a design patent.

 

If an applicant receives two rejections, they may appeal the decision of the primary examiner to the Patent Trial and Appeal Board by paying the appropriate fee for such an appeal. Similarly, a patent owner may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board after paying the appropriate fee.

 

The notice of appeal must be filed within the period for reply set in the last Office action, which is usually three months for design patent applications. However, the notice of appeal and appropriate fee may be filed within six months of the date of the Office action (such as a final rejection) from which the appeal was taken, provided that an appropriate petition and fee for an extension of time are submitted.

If an applicant or patent owner is not satisfied with the final decision of an appeal to the Patent Trial and Appeal Board, they may appeal the Board’s decision to the US Court of Appeals for the Federal Circuit. To do so, the notice of appeal must be filed with the Director of the USPTO within 63 days after the date of the final Board decision.

The design patent costs in the US

Micro entitySmall entityOther applicants
Application/Reissue$44/$64$88/$128$220/$320
Expedited examination (if acceptable)$320$640$1,600
Search/Reissue search$32/140$64/280$160/$700
Examination/Reissue examination$128/$464$256/$928$640/$2,320
Issue and publication/ Reissue$148/$240$296/$480$740/$1,200
Notice of appeal from the examiner to the Patent Trial and Appeal Board$210$420$840
Request for an oral hearing before the Board in an appeal$340$680$1,360

The design patent registration cost in the United States via the iPNOTE platform starts from as low as $700, which includes all government fees as well as document preparation. Find the best patent agent in the US on iPNOTE.

Final thoughts

 

Even though registering a design patent in the US is a complex process, it can provide valuable protection for your design and prevent others from copying or using it without your permission. It is advisable to work with an experienced patent attorney who can guide you through the process and ensure that your application meets all the necessary requirements.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Look at our directory of patent attorneys in the United States.

 

Sign up for free, and we’ll help you solve any IP-related problem.

 
 
Conducting an industrial design search in Canada is paramount for businesses seeking UK design search. By meticulously exploring industrial design options in Canada, companies gain valuable insights that inform their UK design search strategies, ensuring comprehensive coverage and protection of their designs across international borders.

Other posts

Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?