Design Patents
Subheading with an brieft overview of this page
Protecting the ornamental characteristics of your innovations - pivotal in your IP strategy
Design patents can be an extremely useful tool in an intellectual property arsenal, particularly when attempting to create overlapping protection between utility patents and trademarks/copyrights, thereby developing a comprehensive intellectual property portfolio.
Lee & Hayes has a specialized group of attorneys and agents dedicated to preparing and prosecuting design patent applications in the U.S. and in foreign jurisdictions.
Our design group has been recognized as a top 10 U.S. law firm based on the number of issued patents in the U.S. per year, filing a yearly average of 170 U.S. design patent applications.
We have developed design strategies for our clients to protect the ornamental characteristics of their innovations in a variety of industries.
Electronic Devices
Vehicle Parts
Medical Devices
Audio Equipment
Graphical User Interfaces
Apparel and more
The Relationship Between Utility and Design Patents
While utility and design patents afford legally separate protection for an innovation, the functional and ornamental appearance of the innovation may not be easily separable. Articles of manufacture such as electronic devices or graphical user interfaces may possess both functional and ornamental characteristics, oftentimes making it beneficial to obtain both utility and design patents.
Compared to utility patents, design patents tend to be less expensive and issue more quickly, offering an attractive opportunity for acquiring rapid protection in fast-moving spaces. Additionally, since the term of design patent protection is from issuance, rather than from filing as in the case of utility applications, applicants may have more control over the patent term of design patent protection.
When foreign design protection is desired, it is often best to consider the highly variable filing requirements of the desired jurisdictions at the time of the initial U.S. filing. Lee & Hayes understands the landscape of foreign design protection and the differences in design filing requirements between foreign jurisdictions. Our team has experience filing and handling international designs through the Hague System for the International Registration of Industrial Designs. Lee & Hayes has established tremendous relationships with many foreign counsels in key jurisdictions to assist in obtaining high quality foreign design protection.
With our recognized design expertise, we are often asked to give presentations (both in-house and client presentations) on intersecting areas of IP law. This keeps our internal teams up to speed and gives our clients confidence to trust our suggestions with their design matters.
US Patent and Trademark Office Design Patent Application Guide
