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What is a Design Patent?
A US design patent covers any new, original and ornamental design for a product (of manufacture) and has a term of 15 years in the US. This type of US patent protects only the appearance of the article and not structural or useful features. Appearance includes visual ornamental characteristics embodied in, or applied to, an article of manufacture, including configuration or shape of an article, surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation of an article of manufacture. The written document of a US patent for design includes a title, technical field, description of the drawings, a claim, and one or more drawings of the invention. There is not a provisional design application.
How much does a Design Patent cost?
US Patent: The attorney time to prepare a US patent application having title, drawing descriptions, a set of formal drawings of the invention of preferred and selected alternate embodiment, one or more claims of the invention ~$900-1200 (estimate); however, the price depends on complexity of your invention, number of drawings, number of embodiments. Plus a US Patent Office filing fee. The filing fee due to the US Patent Office for a large entity is ~$960, for small entities this fee is cut in half, and for micro-entities the fee is cut in half again, and payable to USPTO. Professional patent drawings are essential in patents for design drafting fees average ~$100 per page formal drawing draftsman charge. Time to prep: 1-2 weeks. Estimate ~$2,500-3,500. Each additional embodiment $150-300 attorney time and additional draftsman charge. Please note, I can only quote a range since I do not know the details of the invention. Any additional service are at $300 an hour.
If your application is accepted by USPTO, the applicant will need to pay an issue fee plus an attorney fee to draft the issuance documents and pay the issue fee to the USPTO. The issue fee due to the US Patent Office for a large entity is ~$400, for small entities this fee is cut in half, and for micro-entities the fee is cut in half again, and payable to USPTO.
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