Reno, NV asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada

Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if someone else patents them.

Can you help with those questions and with an idea of cost & time to apply for patents?

Thank you for your attention.

1 Lawyer Answer
James L. Arrasmith
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A: Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:

Design Patents:

- Protect the unique, ornamental design of a functional item

- Do not protect the item's functionality itself (that would require a utility patent)

- Are generally less expensive and quicker to obtain than utility patents


- USPTO filing fees are $265 for a large entity, $132.50 for a small entity, or $66.25 for a micro entity

- Professional drawing fees can range from $300-$500 per drawing (typically 7-10 drawings are required)

- Attorney fees for preparing and filing the application can range from $1,500 to $3,000+


- Preparing the application typically takes 2-4 weeks

- The USPTO processing time is around 12-18 months on average

- Once granted, design patents provide protection for 15 years from the date of issuance

To get started, you'll need to:

1. Create detailed drawings or renderings of your tableware design

2. Conduct a design patent search to ensure your design is unique

3. Prepare and file your design patent application with the USPTO

While the process does involve some costs and time, securing a design patent can provide valuable protection for your creative work and prevent others from copying or profiting from your designs without permission.

If budget is a concern, you might consider filing a provisional patent application first ($80-$260 in USPTO fees), which gives you 12 months to file a full design patent application while establishing an early filing date. This can buy you some time to further develop and market your designs before committing to the full cost of a design patent.

I hope this information is helpful as you weigh your options!

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