A US design patent application protects the ornamental presentation of an invention. This can include the invention’s shape, configuration and/or surface ornamentation but does not cover structural or functional features. Design patents are limited to the appearance of the invention.
What is needed?
- A specification & claim
- A signed Inventor Declaration from each inventor
- A signed assignment (if applicable)
- A signed Power of Attorney
- An Application Data Sheet
- A completed Transmittal
- Formalized drawings of your invention*
Fresh will prepare all of the above. All we require are pictures/drawings of the application to work from. It is important to note that the USPTO is very particular when it comes to design drawings. In our experience, we have never seen an inventor successfully prepare drawings of the design, that meet the USPTO standards. Given that the protection of a design patent is defined by the figures, it is absolutely imperative that they are prepared according to the USPTO guidelines and requirements and is why we recommend using a patent & design draftsperson to prepare them.
As a general rule, we believe it is best practice to provide at least 7 views of a design application; front, back, left, right, top, bottom and a perspective view. Ideally, and budget approving, another different perspective view would be useful.
In the US, applicants can file multiple designs (embodiments) within one application. This can be useful for inventors as it means that you only have to pay the Official (government) Fee once, however, we must carefully analyze how to illustrate the designs to avoid the Examiner issuing a Restriction Requirement (where the Examiner finds that more than one invention is claimed in the application, and, therefore, requires the applicant to elect only one of these inventions for prosecution on the merits).