How much does a US design patent application costadmin
How much does a US design patent application cost
Please note that we are NOT lawyers, and we are not giving any legal advice here. You are responsible for figuring out the right answers to each of the questions, and if you have any doubts, you should contact a patent attorney or agent for help.
What is a design patent
Design patent protects “how it looks” than “how it works”. If your product attracts clients or buyers based on looks than how it works then you should consider filing a design patent. In some inventions both design and utility are important, in such cases, you should file for both Utility patent application and design patent application.
If your invention or product is related to the ergonomic shape of the shoe which also provides a better grip then you should file a Design patent on Ergonomic shape and you should file Utility application on the better grip is achieved using such design.
Drawings or Black and White Photographs
The drawings are the most important element of design patent application. Every design patent application must include either a drawing or a black and white photograph. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete, that nothing regarding the design sought to be patented is left. The design drawing or photograph must comply with the disclosure requirements of 35 U.S.C. 112, first paragraph. To meet the requirements of 35 U.S.C. 112, the drawings or photographs must include a sufficient number of views to constitute a complete disclosure of the appearance of the design claimed.
Color Drawings or Color Photographs
USPTO accepts color drawings or photographs in design patent applications only after the granting of a petition filed under 37 CFR §1.84(a)(2), explaining why the color drawings or photographs are necessary. Any such petition must include the fee set forth in 37 CFR § 1.17(h), three sets of color drawings or photographs, and the specification must contain the following language before the description of the drawings:
“The patent or application file contains a least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.”
The core of design patent application
Unlike Utility patent application where a lot is written to describe the invention, In Design patent application you have to show a lot with the help of professional drawings. Have a look at granted design patent USD770745S1 , below drawings are from this patent. We have not worked on this patent but we are giving this for your understanding. What is written in the granted patent is also given below.
FIG. 1 is a perspective view of a non-slip shoe cover with reinforced grip showing my new design;
FIG. 2 is a front elevation view thereof;
FIG. 3 is a rear elevation view thereof;
FIG. 4 is a left side elevation view thereof;
FIG. 5 is a right side elevation view thereof;
FIG. 6 is a top plan view thereof; and,
FIG. 7 is a bottom plan view thereof.
- The ornamental design for a non-slip shoe cover with reinforced grip, as shown and described.
From the above example, it is clear that what you will write in design patent is minimal but what you have to show to get granted design patent is much more. You can refer to successful patent drawings for design patent and Avoiding common errors in design patent drawings and patent drawing rules. Drawing in design patent should be done professionally to show all views required with shading, achieving consistency.
Cost of Patent drawings for Design Patent
Getting professional patent drawings is a significant cost involved in Design patent, it varies from Illustrator to Illustrator based on complexity, turn around, quality, etc with us, it will cost you between USD 40 to USD 55 per view.
Once patent drawings are done then you can file the design patent application yourself at USPTO (you can refer to how to file a US design patent on your own) or you can take the help of Patent Attorney. If you go through patent attorney then his/her charges are involved which will again vary from Attorney to Attorney which can range from USD 750 to USD 3000.
Filing Costs of Design Patent Application
|Design Patent Filing Fee||$50||$100||$200|
|Design Search Fee||$40||$80||$160|
|Design Examination Fee||$150||$300||$600|
You can file a design patent application yourself by going to USPTO here and choosing as unregistered E-filer.
Professionally done patent drawings are critical to getting Design patent granted, if you require professional help for your Design patent drawings at USD 40 to USD 55 then write to us by filling the below form.