Design Patent Search

To order any type of search, just share your requirement at [email protected]. One of our business executives will reach out to you.

For design patent prior art search, the standard timeline is 4-5 days (can be accelerated based on urgent requirements).

The deliverables can be provided as per the client’s instructions and their requirement in word document/PDF/excel sheet etc.

In US, design patents that were filed before May 13, 2015, will have 14 years of validity from their filing date, and design patents filed on or after May 13, 2015, will have 15 years of validity from the date of grant.

US Design Patent Cost: The inventor considers the cost as the most important factor while filing a design patent application. The latest fee structure can be obtained from the patent office website. The filing fee, examination fee, and search fee need to be paid along with the application fee. For small entities, these fees are reduced by half. There are no maintenance fees for design patents in the US.

European Design Patent Cost: European design patents are comparatively inexpensive and grant quickly. Filing multiple design patent applications, each covering a different scope of a design, can better protect the inventor's rights in Europe. Using color and shading in design patent applications can also be advantageous.

No, these cannot be considered as articles for designs. The design registration can be used only for the aesthetics and unique ornamental design on the article.

In US design patent, solid lines usually stand for the part for which the design is claimed.

The design patents are classified under the Locarno Classification system.

It is a common query that How do I get a design patent Or How to obtain a design patent. So, it can be understood in the way that for the design patent to be filed or granted there is a set of procedures to be followed. These procedures differs as per the different jurisdictions. Below are the details of these procedures that one should follow to get a design patent in US & Europe: 

For US 

To initiating a process for filing a design patent, the applicant needs to file an patent application by taking into consideration all the design patent requirements such as the eligible subject matter, format & elements of application for design patent, necessary details etc.  

A US design patent’s examination process (aka “prosecution”) involves three main stages: 

• The initial filing. 
• Office Actions (if any). 
• Allowance. 

For Europe 

The scope of European design patents is quite surprising. Unlike in the U.S., design patent applications in Europe are not reviewed by an Examiner to determine patentability – the patent application just must meet the formality requirements to grant.  

Thus, the European Patent Office does not determine the scope of a design patent, a European court does. In addition, European design patents can be used to protect designs typically protected with trademarks. 

To register a community design, you must consider three elements: design criteria, novelty and individual character, and graphic representation.

The design criteria include protecting the look of a product and ensuring that it meets public policy and morality standards. The novelty and individual character of the design must be demonstrated by showing that it differs from any previous designs, and graphical representation is essential to display all the features of the design accurately. The quality of the graphical representation is crucial for design protection, and it must allow for reduction or enlargement to a size of no greater than 8 cm by 16 cm.

A design patent search focuses on the design aspect of an invention, while a utility patent search focuses on its functional aspects. Design patent searches are typically more visual and may involve searching for similar designs or patterns, while utility patent searches may involve searching for specific features or functionalities. 

The duration of a design patent search can vary depending on the complexity of the design and the depth of the search. It can take anywhere from a few days to a few weeks to complete.

While it is possible to conduct a design patent search on your own, it is highly recommended to hire a patent search professional with experience in conducting design patent searches. They have access to specialized databases and search tools that may not be readily available to the public.

After a design patent search is completed, the results are analyzed to determine whether the design meets the legal requirements for patentability. If it does, a design patent application can be filed with the relevant patent office. If there are issues or potential infringement identified, the applicant may need to address them before filing the application.