Design Patent Attorney in Denver and Boulder Colorado

Design Patent Application Attorney in Boulder and Denver

The patent laws provide for the granting of design patents to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences.

In general terms, a “utility patent” protects the way an article is used and works, while a “design patent” protects the way an article looks. Both design and utility patents may be obtained on an article if invention resides both in its utility and shape or ornamentation. An ornamental design may be embodied in an entire article or only a portion of an article, or may be ornamentation applied to an article.

While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. An easy way to determine if your invention is within the proper subject matter for a design patent is to consider if there is any unique or distinctive shape or appearance to the article of manufacture not dictated by the function that it performs. Design patents have a term of 14 years as opposed to 20 years for a utility patent, and no maintenance fees are required for design patents.

Another difference between design and utility patents is that design patent applications have only one claim – “what is shown in the drawings”. Designs that are independent and distinct must be filed in separate applications since they cannot be supported by a single claim. Designs are independent if there is no apparent relationship between two or more articles. However, modified forms, or embodiments of a single design concept may be filed in one application. That claim of a design patent is infringed if “an ordinary observer, familiar with the prior art designs, is deceived into believing that the alleged infringing design is the same as the patented design.”

The Importance of the Drawings

Of primary importance in a design patent application is the drawing disclosure, which illustrates the design being claimed. Unlike a utility application, where the “claim” describes the invention in a lengthy written explanation, the claim in a design patent application protects the overall visual appearance of the design, “described” in the drawings. It is essential that the applicant present a set of drawings (or photographs) of the highest quality to ensure that the drawing disclosure is clear and complete prior to filing the application, since an incomplete or poorly prepared drawing may result in a fatally defective disclosure which cannot become a patent. There are many rules regarding how these drawing should be done and design patent application drawing should only be done by professional design patent draftsmen.

Why Should I Get a Design Patent?

• Cheap to draft and file;
• Quick to file and issue;
• No Maintenance fees; and,
• Protects against copies.

Why Not to Get a Design Patent?

• It’s easy to change the way a product looks to design around the design patent.

Patent Lawyer Services

Patent law is primarily federal law, as such, the law firm of Hunziker Legal Services is happy to provide attorney services to those clients that come from around the world by phone, fax, letter, and email. If you live in any of the following areas you may also come to my Denver or Boulder, Colorado office to meet me in person, my patent law firm is located in Colorado close to: Denver, Boulder, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge..

I offer the following services:

• Patent Searching
• Software and Business Method Patent Searching
• Chemical Patent Searching
• Biological Patent Searching
• Patent Drawings
• Provisional Patent Applications
• Utility Patents
• Software and Business Method Patent Applications
• Chemical and Biological Patent Applications
• Foriegn and PCT Patent Applications
• Design Patent Applications
• Plant Patent Applications
• Correction of Patents and Reissue Patent Applications
• Office Actions
• Interferences
• Appeals
• Patent Maintenance
• Patent Licensing and Assignments
• Patent Enforcement and Litigation
• Patent Opinions and Consultation
• Patent FAQ’s
• Patent Fees

Copyright claimed in formatting, modifications, and links exclusive of U. S. government Publication https://www.uspto.gov/web/offices/pac/doc/general/

Use of HunzikerLegalServices.com the (‘Site’) is governed by the Site Usage Terms, use of the site constitutes acceptance of those Terms.

---

All rights reserved © 2007-18, Hunziker legal Services, PLLC

Site Usage Terms