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.
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
Costs:
- 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+
Timeline:
- 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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