How To Get a Design Patent

Full Video Transcript

A patent can be an important legal protection for a new and innovative design idea. A design patent is issued to someone who has invented a new, original, or ornamental design for an article of manufacture. In other words, a design patent protects the way something looks. In order to get a design patent for your idea, you need to file an application with the U.S. Patent and Trademark Office that includes all of the required application elements, and you need to pay the required fees. The most important part of the design patent application is the drawing disclosure, which illustrates the design you seek to patent. The drawing may be a detailed sketch completed by a professional patent draftsperson, or it can be a photograph. After the application is filed, the Patent Office will conduct an examination to make sure that the design qualifies for a patent and will then issue a response to the applicant. If the response grants the patent, then the applicant will be provided with instructions to complete the patent process. If the patent is denied, then the applicant may request a reconsideration.