How Do You File A Design Patent?
The U.S. Patent and Trademark Office (USPTO) grants design patents for new designs that are ornamental, meaning the design affects the appearance and/or shape of an article, but not its function or utility. A patent allows you to “exclude others from making, using, offering for sale, or selling” your design. The design must be genuinely novel. The USPTO recommends but does not require that you retain the services of a patent agent or lawyer since the filing process is complex. Once granted, a patent is good for 20 years provided you pay periodic maintenance fees. File a preliminary patent. Since 1995, the USPTO has granted preliminary (provisional) patents that protect your claim for 12 months while you go through the patent process. Perform a patent search. This may be done online through the USPTO website or in person at their facility in Arlington, Va. The goal of the patent search is to determine if anyone has received a patent for the idea. A follow-up search may be necessary to i
