Who says Design Patents ar no good? I say, Design patents don’t get the respect they deserve. Many folks frown on filing for rights to protect only an “ornamentation”. I argue they’re wrong and missing the boat. Design patents offer a lot:
- They can imply your competent product pursuit.
- They can imply value to your idea.
- They allow your marking of “Reg. U.S. Pat”.
- They can imply legal consequence to violators.
- $230 total for filing, search and examination.
- Likely issue fee of $430.
- The Design Patent will last 14 years.
- No maintenance fees (Unlike the Utility Paten).
- Covers “appearance” or “Ornamentation” (not “function”)
Sometimes it’s hard to defeat prior art while seeking a Utility patent. Other times, an examiner might argue your claims as “obvious”. Both cases may result in denial of a Utility Patent. Even so, you can still file for a Design Patent. I’ve done it. Maybe you should too. You’ll hear why in the future Inventor Videos.