How to File A Design Patent Application

How do you file a design patent application? How is it different from a utility patent? How do you know if your product qualifies? Here is your complete guide!

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Registered USPTO patent attorney, J.D. Houvener from Bold Patents Law Firm, explains how to file a design patent application!

Below we have provided resources and timestamps with brief explanations for each step of how to file a design patent application.

Quickly find what you are looking for by clicking on the timestamps below.

➡️3:00 Step One: The Novelty Search

✔️Just like utility patents, design patents require an extensive search to determine the invention or product’s novelty.
✔️Searching for similar shapes is not easy--make sure a patent professional is involved!

➡️3:58 Step Two: The Preamble

✔️The Preamble includes the title and the inventor or inventors.
✔️Just like the title of a utility patent, this title should be as short and simple as possible.

➡️6:15 Step Three: Cross-References

✔️Give credit to the shapes designs that came before yours.

➡️ 6:54 Step Four: The Claim

✔️This couldn’t be more different from a utility patent claim!
✔️Your claim will be exactly this: “The ornamental design as shown and described.”

➡️ 7:13 Step Five: Descriptions of Figures

✔️Drawings are the heart of the design patent.
✔️All surfaces must be shown and properly shaded.

➡️8:42 Step Six: Solid or Dashed? Know the Difference!

✔️Whether lines are solid or dashed is of utmost importance in design patents!
✔️Dashed lines represent parts of the design that are not being claimed within the patent.
✔️Areas that are dashed could look like anything in a final product!

➡️10:52 Step Seven: Time to Submit

✔️Once you get all the paperwork finalized, it’s time for your application to go off to the USPTO.
✔️Time to sit back and relax--you’ve done it!

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FREE PDF BOOK: https://boldip.com/patent-book
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Patent Pending Guide: https://boldip.com/patent-pending
Patent Prosecution: https://boldip.com/patent-prosecution...
PCT/International Guide: https://boldip.com/pct-guide
Patent Portfolio Guide: https://boldip.com/patent-portfolio-g...

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LEGAL-ISH DISCLAIMER
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).