Design Patents
When an individual or enterprise crafts a functional item with a unique design, that party can seek a design patent. The United States Patent and Trademark Office issues patents that can protect your design against improper copying or imitation in the form of subsequent designs which are considered “substantially similar”. This protection can be instrumental in establishing a brand identity and preventing others from profiting from your design innovations.
While applicants are allowed to represent themselves when applying for a design patent, it is strongly advisable to retain the assistance of an attorney that is experienced in the field of patent law or to consult with a patent professional.
Applying for a Design Patent
Unlike copyrights, design patents do not have to prove that the original work was copied for there to be an infringement of rights. Even similar designs that were reached independently will not be allowed to both receive a patent. In order to ensure that your enhancement is protected, it is important to apply for this type of patent early. Some of the things that must be included in your application include:
- Illustrations disclosing the design of the item in detail
- Detailed information about the purpose of the design
- Filing fee
Contact Us
For more information about design patents and the application process, contact the Texas patent professionals of Texas Legal Entities at 512-472-2431. One of our knowledgeable specialists will help you understand how to file for this type of patent and explain any other concerns you may have regarding patent laws.
At any time, please feel free to ask us a question. It's FREE!