What Is a Design Search?
A design patent protects an item's unique ornamental design for 15 years. It differs from a utility patent, which covers functionality. Before applying, ensure your design isn’t patented by others. A thorough search is always recommended, for both design and utility patents.
What is the objective of the search?
The objective of a design patent search is to ensure that a design is original and has not already been patented, thereby determining its eligibility for patent protection. This helps avoid infringement issues and saves time and resources in the patent filing process.
When should a design patent search be conducted?
A design patent search focuses on uncovering designs that resemble or relate to a specific design or product. It examines the visual elements of a product—such as shape, configuration, patterns, or surface decorations—without considering its functional aspects. This search is crucial for assessing the novelty and distinctiveness of your design, ensuring it hasn’t already been patented and is truly one of a kind.
Process of conducting Design patent search.
A design patent search ensures a design's novelty and avoids infringement risks by analyzing existing patents and prior art. The process involves defining the design, searching databases like USPTO or WIPO using keywords and classification codes, and comparing results for similarities. Findings are documented, and novelty or infringement risks are evaluated. For accuracy, consulting a patent attorney or professional search firm is recommended before proceeding with a patent application.
Types of Design Patent Search
What makes a design patent search essential?
A design patent search is essential to avoid duplicating existing patents. You can search via the USPTO library, USPTO website, Google Patent Search, or paid services like Simple Patents. Since design patents rely on drawings rather than keywords, image-based searches are key. Many inventors discover similar designs during their search, saving time and money in the patent process.
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