October 7, 2021

How do you conduct a search on a design patent?

A design patent search includes searching through existing patents to ensure your design hasn’t been patented. A design patent is available for an item’s original, unique, and ornamental designs.

A design patent only covers the appearance of an item or a product, not its utility. Patent experts advise conducting a design patent search before filing a design patent since it can save an inventor’s investment or expenses. An inventor can leverage this information to make changes throughout the working stage, which is beneficial for obtaining patents. A design patent is granted for a period of 14 years from the date of filing.

Wissen Research is a good place to start for your design patent search. We examine your design and compare it to patents that have been granted in the last 14 years. After the review is completed, you’ll know if you have a strong case for a design patent.

Although design patents can be found in almost every industry, there are a few common areas where they are the most common. These key areas include Furniture, food preparation, sporting goods, toys, hardware, tools, games, and communication equipment.

How to Perform a Design Patent Search?

A design patent search is essential because it prevents you from copying an existing patent. You can search for existing design patents on several websites. However, be cautious when conducting your own search. Some websites have restrictions, and you won’t be able to find all of the existing design patents.

You can search the library of the United States Patent and Trademark Office (USPTO). If you can’t access a physical library, Google Patent Search and the USPTO website can help. Paid design patent search services may provide you with more results, but you will have to pay a fee for them.

When conducting a design patent search, it is difficult to search via keywords. The drawings are the most descriptive parts of an application. As a result, you’ll need to conduct a more thorough image search.

Deadline

The application must be filed within 12 months if your design has been exposed publicly. A display at a show or a drawing of the design published in any kind of publication are examples of this. There is no timeframe if the design has never been displayed publically. However, if you don’t secure your design idea, it could be stolen.

What Can Go Wrong if You Don’t Perform a Design Patent Search?

Failing to perform a design patent search can lead to several significant risks that may adversely affect your business and IP strategy.

Without a thorough design patent search, you may inadvertently infringe on existing patents, exposing your company to costly litigation and potential damages.
The absence of a design patent search increases the likelihood of facing rejection during the patent application process due to prior art that could have been identified through proper research. This oversight can also result in missed opportunities to refine your design to avoid infringement or enhance its marketability.
Furthermore, neglecting a design patent search jeopardizes your competitive advantage and could hinder your ability to secure intellectual property rights effectively.
An application fee is required when applying for a design patent. You don’t want to pay this charge for something that can’t be patented. A patent application can also take several years to be approved.

Conclusion

Before filing a design patent application, every inventor should undertake a design patent search. If you’re serious about obtaining a design patent, you should seek legal advice from an experienced attorney.

Wissen Research is a good place to start for your design patent search. We examine your design and compare it to patents that have been granted in the last 14 years. Get in touch with our subject matter expert and book your design patent search today to know if you have a strong case for a design patent.

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