A design patent protects anyone who has invented a “new and non-obvious” design for a manufactured article. This gives intellectual property rights for the appearance of the article, but not for its structure, function or composition like a utility patent would. However, both a design and utility patent can be acquired for your invention if it is both new in its structure, function, or composition and its appearance.
Before filing for your design patent in Orange County, there are several things that you should know, such as:
- What you’ll need to complete the application process;
- What patent law entitles you to; and
- How to go about protecting your intellectual property.
Perhaps the best way to get expert advice is to contact an Orange County patent attorney. The information below will give you an overview of design patent law.
Application Process for a Design Patent
When filing for your design patent there are specific rules to follow. You must submit in English, in typewritten text, and in permanent black ink. There are also specifications regarding the paper size and the spacing of the margins, all of which are listed by the United States Patent and Trademark Office (USPTO). Your Orange County patent attorney can talk to you about how to file your design patent application with the USPTO.
With the application you will need to submit a drawing that depicts the appearance of your design. You will also need to pay the necessary application fees.
What does a design patent entitle me to?
A design patent will protect the property rights to your invention. It will prevent anyone else from making, using, or selling your design. Under patent law, these rights will beeffective for a term of 14 years from the date of the grant.
How can I protect the rights to my design?
Your design patent essentially protects the rights to your design. However, someone else may infringe upon your rights. If this happens, you can sue that person for infringement of patent law. This is where the help of an Orange County patent attorney can become particularly vital. As the patent holder, you can ask a court for an injunction to prevent any further infringement, as well as ask for compensation for the damages incurred.
Filing a Design Patent Application in Orange County
First, you should have an Orange County patent attorney conduct a thorough search of the patents that the USPTO has granted. You don’t want your design to conflict with a design that already exists. And then you can proceed by filing your design patent application.
The patent application process can be long, daunting and sometimes confusing. Your California patent attorney can guide you through the entire process helping you to avoid the common mistakes most filers make and improving your chances of acquiring a patent. Your California patent attorney will also be invaluable in the event that someone infringes upon your rights as the inventor of the design.
Contacting a California Patent Attorney
The California patent attorneys at the ADLI Law Group P.C. can handle all aspects of your patent, trademark, and copyright needs including litigation. Our firm specializes in technology patents including nuclear energy, optics, computer hardware and software, electronics, and many other fields. Our patent attorneys hold degrees in physics, electrical engineering, computer engineering, and several other technology fields.
We serve clients across Los Angeles County and Orange County as well as nationwide. We also serve international clients in countries such as China, Taiwan and Japan. Contact us today for experienced help with securing the patent rights to your invention – (213) 290-4933.