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Design Patent Application

A design patent protects the visual appearance of your invention. This is the quickest path to receiving a patent protection, and it is often used to quickly send cease-and-desisit letters to existing competitors. It does not protect the function of your invention. 

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Timeline: 1-2 weeks, from project kickoff to application submitted to USPTO

Milestones:

  1. Deliver FIRST draft of Design Patent Application to Client for review

    • 5 business days​

  2. Deliver FINAL draft of Design Patent Application to Client for approval

    • 3 business days​

  3. Submit Design Patent Application to USPTO

    • 2 business days

Note: The initiation of each milestone may depend on Client-provided documents/feedback.

Patent Strategy:

  • A design patent application is right for you if:​

    1. You want to prevent a competitor from selling a product that resembles your invention.

    2. You want to prevent an "ordinary observer" from purchasing an imitation product, thinking it was your product.

    3. You want to issue a cease-and-desist order to an existing competitor ASAP.

  • A design patent application may show multiple embodiments of the design, however the differences between the embodiemnts must be minimal.

USPTO Timeline:

  • A Design Patent typically takes between 8 - 18 months to be approved.

  • The USPTO will provide a first response to the application ("first office action") around 6 - 12 months after the filing date.

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