At FOXPATENT, we believe that protecting how a product looks can be just as important as protecting how a product works. Design patents offer a broad scope of protection for a modest price. When you obtain a design patent for your product, you protect the ornamental appearance of the product. This means that a court can find that another product that copies the look of your product infringes upon your design patent even if the other product functions in a completely different manner. In many industries, the shelf life of a product is limited. Protecting your product early on is important to get the most out of your investment in that product.
Unlike utility patent application, a design patent application does not have a detailed description of the invention, In most cases, a simple one page specification is provided along with drawings that constitute a single claim that defines the metes and bounds of the patent right. As such, great care must be taken when preparing design patent drawings. In most cases, a design patent application is examined and issued within a year from its filing date. Design patents have a term of 14 years and no maintenance fees are required to keep the patent in force. Obtaining a design patent is much easier than obtaining a utility patent. Although the structure and function of the product may be disclosed by the prior art, there is little chance that the prior art discloses the "ornamental appearance" of the product. Design patents are significantly less expensive than utility patents. The government filing and issue fees for design patents are significantly less than utility patents. The government filing fee for a design patent is $190 for a Micro Entity and $380 for a Small Entity. As of January 1, 2014, the government issue fee for a design patent is $140 for a Micro Entity and $280 for a Small Entity. Similarly, attorney fees for preparing and prosecuting a design patent are significantly less than that for design patents. At FOXPATENT, we provide an all inclusive flat fee for preparing, filing, and prosecuting a design patent application.
At FOXPATENT, we believe design patent protection should always be considered for a product where the look or appearance of the product will be a key factor in the buyer's decision to purchase the product. FOXPATENT has over 24 years of experience in procuring and litigating design patents. We can help you successfully protect the ornamental appearance of your new product at an affordable price.