I want to file a design patent, but I don't know how to go about it. Can I do it myself, or do I have to hire someone to do it for me. My money is very limited, so if I can do it myself, it would be great. I have more time than money at this point so if I knew the procedure, even if it takes a lot of time, I would do it.
2007-02-05 07:18:13 · 3 answers · asked by Mis I 1 in Business & Finance ➔ Small Business
In a design patent application, you are claiming the design embodied in or applied to an article of manufacture NOT the article itself. The design for an article consists of the visual characteristics embodied in or applied to an article. SInce a design is manifested in appearance, the subject matter of a design patent may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of them.
The only major requirement for a design patent is drawings or pictures. Unlike a utility patent which requires complex claim drafting that should be done by a patent agent or attorney, design patents require only a single claim reading:
"The ornamental design for _____ as shown and described."
The application requires only a minimal description and other formalities.
The costs for design patents are also smaller than utility patents. Glancing quickly filing, search, and examination fees for a design patent appeared to be about $215 with a $400 issue fee. Of course, the PTO loves to nickel and dime so there may be other charges along the way, especially for mistakes on your part.
Normally, I would suggest finding good counsel for the filing of a utility patent. However, if money is a real problem, a design patent is one area where I would maybe advise that going it alone is an option. The language of the rules can be confusing, but if you work hard at it, it can be done. Good luck!
2007-02-06 08:23:47 · answer #1 · answered by mwj80 2 · 0⤊ 0⤋
Start with a patent attorney see if they will do a free consultation to review your design and get an estimate of their pricing based on that visit.
2007-02-05 15:23:33 · answer #2 · answered by crazymom617 2 · 0⤊ 0⤋
You can start with this http://www.uspto.gov/ file the design with the application, but patents can be very expensive.
2007-02-05 16:45:03 · answer #3 · answered by Amy V 4 · 0⤊ 0⤋