Design Patent Application

A design patent application is an often overlooked, and highly cost effective, alternative to a utility patent application. For a small business or independent inventor, a design patent application could offer significant advantages over a utility patent application. Design patent protection extends to the ornamental design of a product or article of manufacture. Design patent protection thus protects the way a product appears, and is more limited than a utility patent, but in many cases can provide sufficient protection from knock-offs and direct copying. If you are selling a product online, this type of protection may be necessary, and adequate, to protect your product and sales.

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Design patent applications are typically much less expensive to prepare and file. Design patent applications are also examined, and in many cases allowed, much more quickly by the USPTO. The design patent application examination process is usually easier and much less expensive than for a utility patent. International protection is also available for design patents.

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Small businesses and independent inventors should consider a design patent application for products that would benefit from this type of protection. If the product will be sold online, a design patent could be an essential, and highly cost effective, alternative to a utility patent.