The Design Patent Process
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Once you have started the application process, you will need to fill out a questionnaire that will help us gather all the necessary information needed to prepare the application. You can find the Questionnaire You can find the Questionnaire here.
The design patent application takes about 2-3 weeks to prepare. The application includes the specification, drawings, and USPTO documents which are all filed concurrently.
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Once the application is filed, it takes about 18-24 months before we receive a response from the USPTO. Occasionally, we will receive a written notice from the Examiner called an “Office Action.” This is typically a rejection due to an error in the application or, in some cases, the examiner has found a prior patent that makes our application unable to be registered. This process can often be resolved in a single response and usually results in the allowance of the patent, however, allowance is never guaranteed.
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Once the application passes the examination phase, we will receive a Notice of Allowance meaning that the patent is moving to the last step of registration. After the allowance is received, we have three months to pay for and file the necessary fees and paperwork and from there, the patent will be registered. There are no maintenance fees for design patents and once it is registered, it is valid for 15 years.
What is a Design Patent?
A Design patent is valid for 15 years from date of grant, and it protects the “ornamental appearance” of a product. This can include product shape, packaging shape and configuration, and similar aspects of a product. It does not include printed materials (i.e. books, recipes, blogs, etc.) or functional features.
The best feature of a Design patent is its much lower price ($2400 plus allowance fee when patent is granted in about 18 -24 months). It also tends to be allowed quickly (first action allowances are common).
So if you want to establish your patent protection quickly and easily, a Design patent is a great option for almost any new product.
Why Get a Design Patent?
Design Patent FAQs
Are there additional fees besides the initial application fee?
Yes, in additional to the $2400 application fee, there is an additional issue fee that will be required assuming we receive a Notice of Allowance after the application has been examined.
What is a Notice of Allowance?
A Notice of Allowance (NOA) is a document from the USPTO indicating that the patent application is able to be registered. Along with this notice, the USPTO will require a final fee in order for the application registration to be finalized. This fee varies depending on the applicant’s entity status, the fee schedule is below:
Issue Fee (Micro Entity): $635
Issue Fee (Small Entity): $820
Issue Fee (Large Entity): $1190
My product is already live, can I still file an application?
Yes, but only if the product has been out for less than one year. Once the product has been out for over one year, an application can no longer be filed for the product as-is. We can sometimes get around this if ornamental changes or improvements have been made. If you product has been out for less than one year, we will want to file as soon as possible since the US is runs on a “first to file” system.
Do I get to see my application before it is filed?
Yes, we will send you a draft of the application for your review and signature before filing the application.
How do I maintain my design patent?
Once the patent is registered, there are no additional actions to take. The patent is valid for 15 years without any maintenance fees.