Should You Patent Your Design?
The design patents are the second most common type of patent after the utility ones. By obtaining a design patent you will legally protect the unique visual features and qualities of an item manufactured by you. Obviously the classical patent requirements still stand about this type of patent as well. Provided that you meet the requirements, is it worth to patent a design? As you well know, a great number of patents turn out to have no economic value for their owners. What about the design patents?
In contrast to utility patents, the design patents do not require maintenance fees and the cost of filing ranges from $1,000 to $3000. As you can see the costs are lower, however what are the cases when you should consider to file for a design patent? Remember that the main reason why we patent things is that we want to restrict others from creating, using and selling a product which infringes your patent. In case that your product’s value is driven by its design then this is an excellent reason why to patent. Furthermore, if you plan to license other manufacturers, patenting the design and giving the license in exchange for royalties is the way to go.
How would you define a design that it’s worth patenting?