DESIGN & TRADE DRESS

Design Patent Preparation

A design patent protects the unique and non-functional visual appearance or ornamental design of an article of manufacture. This can include unique configurations, shapes, overall appearances, and external ornamentation that is inseparable from the manufactured item. Design patents provide exclusive rights to the inventor to prevent others from making, using, selling, or importing a product that incorporates the protected design for a period of 15 years from the date of grant.

Einfolge provides intellectual property and patent services, including design patent preparation and filing. We have experience working with clients across various industries and jurisdictions and can customize our services to meet the specific needs of individual clients.

The creation of an innovative product design is valuable and protectable around the world and in many fields. We assist both domestic and international clients in obtaining design patent protection in a variety of jurisdictions. Using our expertise and knowledge, we help prepare and file design patent applications tailored to address the specific requirements of your country and ensure your design rights are enforced.

In a wide range of industries, the way products look has become an increasingly valued asset for producers and marketers. We can advise you on how to use design law to protect a product's appearance and enforce your rights against potential infringers.

Einfolge also helps clients manage their design portfolios commercially by assisting with licensing, sublicensing, assignments, and other transactions in addition to filing, prosecuting, defending, and enforcing designs.

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Design Patent Preparation Process

Before drafting a design patent application, Einfolge conducts a search to determine the novelty and non-obviousness of the design or to ensure that it is not already patented or available in the public domain. We then prepare a design patent application that includes a description of the design, drawings, and claims. The drawings should clearly illustrate the design from different angles and perspectives. The claims should clearly define the scope of the design and what the patent protects. Once the application is complete, we file it with the Patent and Trademark Office (PTO) or Industrial Design Office. The filing process includes submitting the application, drawings, and fees to the office.

After filing the application, the Patent and Trademark Office or Industrial Design Office will assign an examiner to review the application and make sure it meets all the legal requirements for a design patent. The examiner will also conduct a search for prior art to ensure that the design is new and non-obvious.

In some cases, the examiner may issue an examination report or an office action requesting additional information or amendments to the application. At this stage, we will work with the inventor to prepare and file a response to the office action. Once the examiner approves the design patent application, the inventor will receive a Notice of Allowance. After the inventor pays the issue fee, the design patent will be issued and published by the office. The publication of the design patent allows the public to see the design and understand its scope of protection. Once the patent is issued, the inventor can enforce their rights against potential infringers.

Why use Einfolge for your design patent preparation?

  • Our team has extensive experience preparing and prosecuting design patent applications.
  • Einfolge’s design patent preparation services are comprehensive and designed to ensure that the design patent application meets all legal requirements and provides maximum protection for the inventor's intellectual property.
  • We create high-quality patent illustrations that accurately depict the design and meet the requirements of the patent office.
  • Einfolge provides support for licensing the design patent, including identifying potential licensees and negotiating licensing agreements.

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