If you have created a new design for a product and are thinking of patenting it, you will need to conduct a design patent search. This is a process by which you can find any existing patents that may already cover your design. If another company has already patented a similar design, you will not be able to patent yours. This blog post will discuss how to conduct a design patent search and what factors you should consider when doing so.
What is a Design Patent?
A design patent is a type of patent that covers the ornamental design of an object. Design patents are issued for new, original, and ornamental designs of objects that serve a utilitarian function. Ornamental designs include an object’s overall shape and configuration, as well as surface ornamentation such as patterns, colors, and textures. Design patents can be issued for designs of all kinds of objects, including furniture, toys, jewelry, tools, and architectural elements.
Design patents are different from utility patents, which cover the functional aspects of an invention. Utility patents are typically issued for new and useful inventions such as machines, processes, and compositions of matter. Many products that we use on a daily basis are protected by utility patents, such as our phones, laptops, and cars.
What Can It Protect
Your design patent can protect the unique ornamental design of your product. This includes the shape, configuration, surface ornamentation, or overall appearance of the item. It can also cover a combination of these elements. What’s important is that your design is original and not merely an insignificant variation of another existing design. Design patents are granted for 14 years from the date the patent is issued.
To be sure your design is eligible for protection, you’ll need to conduct a design patent search. This will allow you to see if there are any existing patents that are similar to yours. If so, you may need to make some changes to your design in order to get a patent.
How to do a Patent Search on your own
- The first step in applying for a design patent is conducting a search to make sure that your invention is truly unique. In this article, we’ll walk you through how to conduct a design patent search on your own.
- To find prior art, you can search through patent databases, such as the USPTO’s Patent Full-Text and Image Database. You can also search through Google Patents, which includes a database of over seven million patents.
- Once you’ve identified relevant prior art, you need to compare your invention to the prior art to see if it is truly unique. This can be a tricky task, as you need to consider all of the different ways that your invention could be used.
If you find that your invention is not truly unique, then you may want to consider modifying it so that it is more distinct. Once you’ve done this, you can re-conduct your search to see if your invention is now patentable.
Things to consider When Searching for Patents
When searching for patents, there are a few things to keep in mind.
- First, it is important to understand the difference between design patents and utility patents. Design patents protect the ornamental design of an object, while utility patents protect the functional aspects of an object.
- Second, it is important to search not only for issued patents but also for published patent applications. Published patent applications are not yet issued, but they can provide valuable information about what is currently being patented.
- Finally, it is important to use various search tools and resources when searching for patents. The United States Patent and Trademark Office website is a good place to start, but there are also many private companies that offer patent search services.
- When searching for patents, it is important to understand the difference between design patents and utility patents. Design patents protect the ornamental design of an object, while utility patents protect the functional aspects of an object. For example, a design patent might protect the unique shape of a vase, while a utility patent might protect the way that the vase is able to hold water.
- It is also important to search not only for issued patents but also for published patent applications. Published patent applications are not yet issued, but they can provide valuable information about what is currently being patented. This information can be helpful in understanding what designs are currently popular and in demand.
- You can also hire best patent analytics firm to make your search more refine and easy.
Conclusion
Remember, even if your design is not exactly like another design, it may still be considered too similar if it performs the same function or serves the same purpose. Therefore, it is important to make sure that your design is as unique as possible before you apply for a patent. Thank you for reading!
I hope this article was helpful in understanding how to conduct a design patent search. If you have any further questions, please feel free to leave a comment below or contact.
