How do I get a Design patent and how much is it?

Question

is it really necesary? if I want to start selling my artwork and post it in the net, how can I protect it from someone else claiming is theirs?

Answer 1

Getting a design patent for your artwork is not necessary. Design patents are used to protect aesthetic designs in products and items. Your artwork would not need a design patent. It is protected by copyright and copyright protection is created as soon as you create your artwork.

A simple way to protect your artwork is to mark it with a copyright notice. For a copyright notice you need to mark the work with three things:

- a name or word to identify you
- a copyright symbol or the word "copyright" or an abbreviation of "copyright"
- and the year it was made.

Normally this is enough to stop people from claim it is theirs, but if someone choses to copy it anyway then you would need to first register your work and then sue them. Registering in the USA is relatively simple and costs $45 per item at this time. Check http://www.copyright.gov

Good Luck

Note: This answer assumes you are in the USA. If not contact a local lawyer.

Answer 2

It sounds like you're asking about a copyright, not a patent. I'll give you info on both so you can make the best decision for you:

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

To protect visual art work, you do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

The US Patent and Trademark office has actually made this process very easy to perform. Go to:

http://www.uspto.gov/patft/

You will need to search both existing patents and what are called "published applications". Both can be done from the website listed above.

Also, you should take a look at

http://www.legalzoom.com/legalzip/patent...

To see if this website could be helpful in lowering your cost of making the patent application.

Patent applications are both expensive and lengthy both timewise and documentation-wise. Typically, a decent patent lawyer will charge you between $8k and $20k to take a single application thru the entier process which generally takes 2 years and longer.

Answer 4

A patent is for inventions.

If you are selling artwork go to: copyright.gov

Answer 5

you could get a trademark which is only a few dollars

regarding a patent which would cost you about $10,000