How to Patent a Design

If you are trying to understand how to patent a design, be prepared to fill out a number of documents. Understanding how patent works and how United States design patents function it the key towards being able to create your first patent. In the United States, being able to patent a product prevents other people from creating and marketing the same item within the United States.

Patenting a Design

Learning how to patent a design involves becoming the sole owner of the idea. You cannot start with just having the concept within your mind; you must first make the idea in a physical reality. Try creating a prototype so that you can prove the patenting process works. Attorneys often differ on their requirements. Some believe that you should begin production of your product; others believe that you should first have it documented. No matter what, having an attorney’s opinion can make the process much smoother.

Within the United States, you have one year before you have to declare a design patent. Whether it has been done privately or publicly, creators must disclose the idea within the one year time frame. Disclosures can include the sale of a product prior to its invention. After the expiration of the year, then the person loses the right to patent the design automatically. Due to these legalities, patents should file as soon as possible.

Getting an Attorney

After the patent application has been started, an attorney is in charge of creating the document. There are numerous formalities and rules involved in registering a patent. Every possible variation of the invention has to be considered as you register your design patent. After the design patent is complete, an inventor does not want to take the risk of someone else coming along and taking their idea by modifying it slightly. An attorney who knows how to patent a design is experience and can guide an inventor through the entire process.

The Requirements

In order to apply for a patent, the product must be useful and function properly. The new patent should be new and not obviously a different form of another patent in existence. As such, it cannot be something that is already legally sold within the United States. Anytime a new design is offered for sale, the owner has one year to register it with the United States government. Patents are also not provided for simple ideas or any kind of abstract idea like a law of nature or natural phenomenon.

Get Online

Registering a patent is growing increasingly easier in the age of the Internet. People can look up how to patent a design on the web and even fill out all the paperwork. The process makes it simpler to search for similar patents in existence and find a qualified lawyer. Numerous websites have been created that put control over registering a patent in the hands of the owner of the product.

A patent for a design is one of the three types of patents in existence. This form of patenting allows the designer to protect the product’s original design. From the day the patent is granted, it will last for fourteen years.