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Design Patent Basics

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This guide provides an overview of design patents, outlining what constitutes a patentable design, including machines, plants, and ornamental surface designs. It explains the legal right to exclude others from using a patented design and the inseparable connection between the design and the article of manufacture. Notable examples of design patents are highlighted, alongside the steps for filing, estimated costs, and essential considerations like the importance of filing before selling. Learn about the maintenance fees and terms associated with design patents.

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Design Patent Basics

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  1. Design Patent Basics Steven A. Nielsen Registered Patent Attorney www.NielsenPatents.com

  2. California Lawyers for the ArtsNovember 9, 2005 • What is a patent ? • A right to exclude others • What is patentable ? • Machines • Plants • Designs

  3. USPTO Definition of “Design” • Visual ornamental characteristics embodied in, or applied to, an article of manufacture. • Since a design is manifested in appearance, the subject matter of a design patent application 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.

  4. USPTO definition of “Design” • A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. A Guide to Filing a Design Patent Application, USPTO (2005) (emphasis added)

  5. Interesting Examples of Design Patents • Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405

  6. Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405 • Application filed on September 9, 2003 Definition of “appliqué” Fabric pieces sewn on fabric: Shaped pieces of fabric sewn on a foundation fabric to from a design or pattern Encarta Dictionary

  7. 29/189,658 SPIRITUAL AURA ANGEL WITH WINGS APPLIQUE

  8. Support base Issued Nov. 8, 2005D511,404

  9. Mesh bag insert for make-up planner Nov. 8, 2005 D

  10. Hair bun holder

  11. Baluster

  12. Lamp post

  13. Ear plug

  14. Summary • File before you sell. • Initial cost to file is around $250 plus drawings $300 and perhaps cost for a patent attorney or patent agent. Patent pending status. • Issue fee is $400, optional publication will cost $300. • Term is 14 years. • Maintenance fees, None for design patents.

  15. Thank You ! If you have any questions, please ask. You are welcome to send your questions or comments by email. Steven A. Nielsen Allman & Nielsen 100 Larkspur Landing Circle, Suite 212 Larkspur, CA 94939 (415) 461- 2700 Steve@NielsenPatents.com www.NielsenPatents.com “Marin Patent Attorney”

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