Design Patents that matter

At Smartpat, we file and prosecute almost as many design patents as utility patents (our ratio is about 40% design, 60% utility). And we are good at it: 95% of the design patent applications we file eventually issue as a patent. That is better than the USPTO average.

Design Patent Examples

Here are some examples of design patents we have obtained for our clients.

It’s all about the drawings

The USPTO is very strict when it comes to the quality of drawings in design patent applications. Some of our clients prefer to prepare their own drawings based on photos or computer rendering. In those cases we assist and advise how to prepare the drawings. But in many cases it is advisable to have a specialized draftsperson prepare the drawings. We are working with an awesome partner who has consistently delivered high-quality drawings at a reasonable rate.

Cost

There are three components that contribute to the cost of filing a design patent application: The official fee charged by the USPTO, which depends on the size and income of the company of person filing the applications, the attorney/agent fee for preparing documents, and fees for preparing drawings.

The official fee for a large entity (>500 employees) is $760, the fee for a small entity (<500 employees) is $380. For individuals and start ups that meet certain income and prior filing requirements (micro entities) the official fee is only $190. Our standard fee for filing a design patent application is $795. The charges for drawings depend on the complexity of the design. Generally, a draftsperson will be able to prepare drawings with less effort (and therefore at lower cost) if the client can provide 3D CAD data.

Hague Filings

Lately, we have seen many design patents filed by foreign colleagues that have been rejected by the USPTO. In fact, our analysis shows that about 80% of the design patents which enter the US under the Hague agreement fail or require the support of a US patent practitioner. Unfortunately, those applications will ultimately cost more than the client was hoping for. But at least we will be able to help those international clients secure a design patent even if the international application was initially rejected.