.
Image - Tab DWB
.
.
.
Visual and Aesthetic Protection
.
In general terms, a “design patent” protects the way an article looks (35 U.S.C. 171),
“The subject matter of a design patent application [is inclusive of ornamental designs of all kinds and] may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation” (MPEP 1502).
.
Both design and utility patents may be obtained on an article if invention has both ornamental appearance and a utility function.
.
.
.
.
.
.
.
Fees And Fee Examples
Each patent is different based on invention requirements and inventor need. Fees are a combination of Fortress PATENTS / IP professional service fess and USPTO filing, search, and examination fees.
.
Fee Quotes and Fee Schedules
If needed, a pre-signed Non-Disclosure Agreement access button is below.
.
.
.
Fee Examples
Fees vary based on service choice and inventor patent strength choices.
.
Fee - 2016.09.29 - Summary Design
.
.
Service Details of D I Y, D I Y, and FULL Service Options
.
Button - FULL Service FREE Gifts
.
.
USPTO Fee Savings Levels
See Fee menu tab and USPTO Fees for criteria details:
Micro Entity  – 75% USPTO Savings (a person, less than four patents, …)
Example – $325 D I Y, $725 D I Y Plus, and $2,360 FULL Service.
.
Small Entity  – 50% USPTO Savings (a person, a small business, …)
Example – $515 D I Y, $915 D I Y Plus, and $2,550 FULL Service.
(Fee totals obtained by using Small Entity USPTO Fees shown in the table above.)
.
.
Fee Payment Plans
See Fee menu tab and Professional Fees for details:
Pay By Phase – Prior Art Search, then Application / Drawings, then …
One Payment – Prior Art Search and Application / Drawings and …
.
.
.
Highlights
The following are key characteristics of of the Plant Patent:
Coverage – Protects aesthetic, ornamental, form, … characteristics of an invention.
Term – 14 year term from the date of patent issue, and most applications do issue to a patent.
Key Content – Patent drawings define the scope and rights of the patent (little or no description and only one claim).
Patent Pending – Use “Patent Pending” markings at filing to begin marketing the invention during prosecution.
Prosecution – Can grant in 6 – 12 months with less (if any) prosecution responses needed.
Allowance – 95% of design patents are issued.
Maintenance Fee – No maintenance fees due after issue.
Timing – Normally 1 month to prepare, 8 months for first USPTO response, and 14 months for finalization.
Rights – Excludes others from making, importing, using, offering for sale, or selling the invention in the U.S.
Defense – Exerting, monitoring, and defending patent rights is the responsibility of the inventor.
.
.
.
Key Content And Considerations
Patentable  “Design is inseparable from the article [machine or manufactured item] to which it is applied and cannot exist alone merely as a scheme of surface ornamentation. It must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method” (MPEP 1502).
Novel – Have elements not previously known or otherwise have unexpected benefits.
Non-obvious – Not the result of simply common sense assembly of what is essentially known.
Drawings “As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete, and that nothing regarding the design sought to be patented is left to conjecture” (MPEP 1503.02).
Description “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views is its own best description [In re Freeman, 23 App. D.C. 226 (App. D.C. 1904)].  However, while not required, such a description is not prohibited and may be incorporated” (MPEP 1503.01(II)).
Claims“More than one claim is neither required nor permitted” (37 CFR 1.153).
.
.
Fortress PATENTS / IP provides full customized patent search, preparation, filing, and prosecution services that fully leverages patent law rights and protection, captures the invention and greater inventive concept, and is created for maximum judicial, situational, and financial potential.
.