A design patent application, on the other hand, safeguards an object’s unique appearance. A design patent protects details like a product’s exact shape, color scheme, and surface adornment. For example, a design patent may protect the shape of a sports car, a piece of medical equipment, or even a smartphone case with a unique surface pattern.
It may be wise to diversify your IP portfolio with design protection because a design patent application could have a big impact on your company’s performance. Take into account the following arguments for requesting patent design:
- Protection of Your Investment
A product’s design could have a big impact on how well-received and successful it is in the market. Apple has argued in court that the success of the iPhone is due, at least in part, to its aesthetically pleasing design in addition to its technological merits.
When it comes to patents, a product’s new technological features might be shielded by a patent, whilst the product’s look and feel might be covered by a provisional design patent application. Protection might not be accessible in some cases, such as when the technological features are outdated. It would be possible to obtain a design patent for a new design if you redesign an existing product, though. . It would be possible to obtain a design patent for the new design if you redesign an existing product, though. For instance, although headphones have been around for a long time, it would be possible to obtain a design patent for them if even a little portion of them is changed.
- Keeping Imitations at Bay
Profiting on the technology, customer support, or branding that distinguishes your product in the market, a competitor or counterfeiter might desire to sell a product that mimics that of your company. A buyer might not take the time to distinguish between real and fake goods, especially for over-the-counter consumables.
- Self-Protection More Quickly
Patents are typically granted more slowly than design patents. While a patent application examination typically takes two years or longer, design patent application examination times are generally shorter, with the initial evaluation of patent search services frequently occurring within a year. The truth is that some patents are actually granted in a single year. Therefore, if your product is quickly entering the market, applying for a design patent can be useful.
- cost reduction
In comparison to a patent application, a design patent application is frequently much less expensive to prepare and pursue at the USPTO. An artist, commonly referred to as a patent draftsperson, decides on appropriate figures to submit for a design application after consulting with an attorney.
The text of a design application just has to be prepared briefly by the attorney. A utility application, on the other hand, frequently calls for elaborate language and claims writing, requiring more time and money to prepare.
Examiners will assess patent applications after they have been submitted. Although utility applications are often assessed multiple times before a positive decision is reached, frequently an examiner grants a design patent after the first evaluation of the application.
- More rapid settlements
In comparison to patent violations, design patent violations carry harsher penalties. For instance, if a design-patent plaintiff wins, they may be able to get all of the money the violator made from selling the infringing design.
Contrarily, a patent owner often only receives fair compensation or, in rare circumstances, its own lost profits for patent infringement. The profits made by the infringer cannot be collected by the patent owner. The possibility of losing all income may prompt a person accused of violating a design patent to look for a quick settlement.
Patent registration services will always be a crucial component of a company’s intellectual property plan. But for the reasons described in this article, it is crucial that companies look into design patents as a way to safeguard the unique design features that set their product different from those of their competitors. Combining utility and design patents will protect a product’s aesthetic as well as its functional elements.