Presentation Transcript
Design Patent Basics: Design Patent Basics Steven A. Nielsen
Registered Patent Attorney
www.NielsenPatents.com
California Lawyers for the Arts November 9, 2005: California Lawyers for the Arts November 9, 2005 What is a patent ?
A right to exclude others
What is patentable ?
Machines
Plants
Designs
USPTO Definition of “Design”: USPTO Definition of “Design” Visual ornamental characteristics embodied in, or applied to, an article of manufacture.
Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.
USPTO definition of “Design”: USPTO definition of “Design” A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
A Guide to Filing a Design Patent Application, USPTO (2005) (emphasis added)
Interesting Examples of Design Patents: Interesting Examples of Design Patents Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405
Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405: Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405 Application filed on September 9, 2003
Definition of “appliqué”
Fabric pieces sewn on fabric:
Shaped pieces of fabric sewn on a foundation fabric to from a design or pattern
Encarta Dictionary
Slide7: 29/189,658 SPIRITUAL AURA ANGEL WITH WINGS APPLIQUE
Support base Issued Nov. 8, 2005 D511,404 : Support base Issued Nov. 8, 2005 D511,404
Mesh bag insert for make-up planner Nov. 8, 2005 D: Mesh bag insert for make-up planner Nov. 8, 2005 D
Hair bun holder: Hair bun holder
Baluster : Baluster
Lamp post: Lamp post
Ear plug: Ear plug
Summary: Summary File before you sell.
Initial cost to file is around $250 plus drawings $300 and perhaps cost for a patent attorney or patent agent. Patent pending status.
Issue fee is $400, optional publication will cost $300.
Term is 14 years.
Maintenance fees, None for design patents.
Thank You !: Thank You ! If you have any questions, please ask. You are welcome to send your questions or comments by email.
Steven A. Nielsen
Allman & Nielsen
100 Larkspur Landing Circle, Suite 212
Larkspur, CA 94939
(415) 461- 2700
Steve@NielsenPatents.com
www.NielsenPatents.com
“Marin Patent Attorney”