How to Get a Better Design Patent?

A design patent is a type of intellectual property that protects the ornamental design of an object. It is granted by the government and gives the holder the exclusive right to prevent others from making, using, or selling the registered design for a certain period, usually 15 years from the date of the grant, subject to renewal.

Design patent is used to protect the appearance of a wide range of objects, such as the design of a product, jewellery, furniture, textiles, and even computer icons and screens. For example, a company that creates a new, unique design for a chair could apply for a design patent to prevent others from copying that design.

The application process for a design patent typically includes submitting drawings or photographs of the design, as well as a written description. The drawings or photographs must clearly show the design and all of its features. It's important to note that design patents are different from utility patents, which protect the functional aspects of an invention, such as the way a product works or its structural elements. A product may have both a design patent and a utility patent as long as they protect different aspects of the product.

Overall, design patents provide an important way for businesses and individuals to protect their unique, ornamental designs and prevent others from profiting from their creativity.

• Conduct a thorough prior art search: Before applying for a design patent, it's important to conduct a thorough search of existing designs to ensure that your design is new and non-obvious. This can be done by searching online databases, such as the USPTO's or IPO’s database of existing patents and published patent applications, as well as other publicly available sources, such as trade publications, design databases, and product catalogs. A prior art search will help you identify any potential issues that could be raised during the patent examination process and ensure that your design is not too similar to existing designs.
• Conduct a thorough prior art search: Before applying for a design patent, it's important to conduct a thorough search of existing designs to ensure that your design is new and non-obvious. This can be done by searching online databases, such as the USPTO's or IPO’s database of existing patents and published patent applications, as well as other publicly available sources, such as trade publications, design databases, and product catalogs. A prior art search will help you identify any potential issues that could be raised during the patent examination process and ensure that your design is not too similar to existing designs.
• Hire a patent attorney: Consider hiring a patent attorney to help you with the design patent application process. They can help you conduct a prior art search, prepare the drawings and description, and guide you through the legal requirements. An attorney can also guide you on any issues that may arise during the patent examination process and represent you in legal proceedings if necessary.
• Be consistent: Be consistent in your use of terms, phrases, and drawings throughout the application. This will make it easier for the patent office to understand your design and will also help to demonstrate that the design is non-obvious
• Respond to Office Actions: The patent office may issue an Office Action (Examination report) during the examination process, which will require you to respond to any questions or objections raised. Make sure to respond promptly and work with your patent attorney to address any issues that are raised.
• Consider filing internationally: If you plan to market your product globally, consider filing for design patents in other countries as well. This will give you protection in those countries and also can be helpful in case of any infringement issues.
• File as early as possible: The earlier you file for a design patent, the better, as it will establish an earlier effective filing date for your design. This can be especially important in cases where there is potential for infringement. The sooner you file, the less likely it is that someone else will come up with a similar design and file for a patent before you.
• Be prepared to enforce your design patent: Once you have been granted a design patent, it's important to be prepared to enforce it. This may include monitoring for infringement and taking legal action if necessary to protect your rights. This may include sending cease and desist letters, negotiating settlements, or taking legal action in court. It's important to have a plan in place for enforcing your patent and to be prepared to take action if needed.
• Keep your design patent up-to-date: A design patent is only valid for a certain period, usually 15 years from the date of grant in India, subject to renewal. Make sure to keep track of the expiration date and consider renewing or maintaining your patent to keep the protection. This may include paying maintenance fees and filing any required paperwork to keep the patent in force.
• Work with a patent agent or attorney: Working with a patent agent or attorney can be beneficial throughout the entire process, as they can help you navigate the legal requirements; conduct a prior art search, prepare your application, and provide guidance on any issues that may arise. They can also help you with any legal action that may be necessary to enforce your patent.

In conclusion, a design patent is a type of intellectual property that protects the ornamental design of an object. Patent consulting services guide the holder in getting the exclusive right to prevent others from making, using, or selling the patented design for a certain period. By following these steps, you can greatly improve your chances of getting a better design patent that effectively protects your unique ornamental design and also is prepared to defend it.