Do you have a great design idea for any online venture or any product that might be in high demand once its produced for mass usage? This will make it very tempting for others to steal that design which is your brain child and use it for their own personal gains. This makes it very important to protect your design so that others don’t use it and prevent any monetary losses that will occur to you. This protection can be provided with the help of a patent for your design. Today we will be telling you how to patent a design in the USA.
Getting a patent for your design or invention is a way to secure your exclusive rights over it. This is a legal procedure but it doesn’t necessarily require a lawyer. If the nature of your patent is such that it raises complicated legal issues, then hiring a lawyer to help you patent a design may be a viable option. Otherwise, you can apply for a patent for your design on your own. This article will explain to you how to patent a design in USA all by yourself which will help you save thousands of dollars in attorney fees and will give you greater control over the process. Read on to find out how to patent a design in USA.
Steps For Filing a Patent Application For a Design
For filing a patent, you need to file an application with the U.S. Patent and Trademark Office (USPTO), the patent regulatory body in the USA. Before filling a patent for your design, you should keep in mind the following:
1. Maintain a Written Record of Your Design
Jot down every detail of your design in a notebook to be kept by you. Draw and describe every aspect and every modification of the design, including how you initially thought of the idea for it and how you developed on it. Sign and date each entry and have two witness signatures with it as well.
2. Ensure that Your Design Qualifies for Patent Protection
For getting a patent, your design ideas needs to be novel (in simple terms, it should be a new design idea and should not be overlapping with any existing designs). You must show how your design is different in some way from all previous patented designs in the same field. If you feel that the USPTO is going to find any similar designs, then don’t bother spending your time and money in trying to patent to your design. Always make sure to present a new design idea.
3. Prepare and File an Application With the USPTO
While filing the patent for your design with the USPTO, you have a choice of applying for either a full-blown regular patent application (RPA), or a provisional patent application (PPA). This will determine the ease and time taken for the patent to be completed.
Keep in mind that a PPA is not an actual application for the patent itself. When you file a PPA, it simply allows you to claim “patent pending” status for the design idea and involves only a small fraction of the work and cost of a regular patent application.
How To Patent a Design
All you need to file a PPA is a small fee ($65 for micro-entities, $130 for small entities, $260 for large companies); a detailed description of the design or invention, explaining how to make and use it; and an informal drawing or a prototype.
After obtaining a PPA, you must file an RPA within a year of filing the PPA. Failure to do so voids the claiming of the PPA filing date.
An RPA is the actual patent application. The filling of an RPA, or regular patent application, begins the examination process at the USPTO, which is necessary for getting the actual patent. Once all your submissions and claims are verified, you will be provided with a patent for your design.
This is the way in which you can patent a design in the USA. If you want to patent your own design, then you can follow this article to claim your legal rights for protecting the commercial rights of your own design. Keep following our blog for more such helpful information.