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How Design Patent Attorneys In California Protect Novel Inventions

Posted by Barry Choobin | Oct 12, 2023 | 0 Comments

Design patent attorneys in California follow a comprehensive process to protect novel inventions and creative works. Experienced IP attorneys help inventors file and apply for design patent rights every day. Design patent protection is increasingly necessary to protect distinctive brand, company, and product identities. Whether you're the creator of an app icon, branded design, or physical product – an experienced patent attorney near San Jose can help you navigate the end-to-end filing process. Read on to learn how design patent attorneys in California protect novel inventions.

Assess Patentability From A Design Context

Before your application is filed, design IP attorneys in California carefully examine patentability. Have a patent lawyer examine the likelihood of your design getting approved by the USPTO. To be eligible, your design must be considered new, novel, and non-obvious – compared to existing prior art references. While design patent rejections are fairly uncommon, your attorney may recommend completing a patentability search report and analysis. This comprehensive document should gives you a clear understanding on the probability of success before moving forward. Absolutely, meet with a design patent attorney in California to examine your invention's uniqueness, originality, and novelty.

Review Design Patent Drawings

A design patent attorney in Los Angeles CA can review and examine drawings for your novel invention. Experienced attorneys understand the USPTO's specific requirements, guidelines, and rules for design patent drawings. Their insights and recommendations can prevent your application from being denied by Patent Office examiners. During examination, your attorney may suggest incorporating multiple views of your design, highlighting contours, and emphasizing the dimensions. Additionally, patent lawyers may advise using black and white drawings over color. Indeed, design patent attorneys in Southern California carefully review drawings for novel invention protection.

Define The Scope Of Design Patent Protection

Once drawings are reviewed, California design patent attorneys define the scope of intellectual property protection. Once approved, a design patent grants you exclusive ownership rights over the visual appearance and ornamental characteristics of an invention. Specifically, your design patent will cover the product's surface texture, shape, and pattern. As your attorney will explain, design patents do not protect the functional utility or underlying technology that makes your invention work. Surely, a USPTO design patent attorney will carefully review, examine, and define the scope of protection.

Prepare Design Patent Applications

California design patent lawyers help inventors draft and prepare IP applications. Your attorney will organize all the required documents, resources, and fees for your application. These preparation steps help you avoid costly and time-consuming filing delays with the USPTO. To be successful, your application should include drawing disclosures, photographs, descriptions, and claims. In addition, work with your attorney to attach cross-referencing paperwork and approved provisional patent applications (PPA). Rely on your attorney's process knowledge and expertise to organize these components in the proper format. Certainly, prepare successful applications with the help of a design patent attorney in CA.  

Quickly File With The US Patent Office

Once your application is prepared, CA design patent attorneys help you quickly file with the USPTO. Your attorney will recommend submitting your application as quickly as possible. This way, you can obtain the earliest-available filing date with the US Patent Office. Since the United States operates on a “first to file” system, the inventor who submits first is assigned priority. If the filing process is delayed, a possible competitor could beat you to the patent office. Definitely, design patent attorneys in Orange County CA help you quickly file your application with the USPTO.

Design patent attorneys in California follow an in-depth process to obtain IP protection. They begin with a comprehensive patentability assessment and analysis. Next, they'll examine your drawings against USPTO requirements and guidelines. Once your drawings are approved, it is time to define the scope of patent protection. Now, you are ready to prepare your application for submission. After everything is ready, you can quickly file with the United States Patent Office. Additionally, they carefully educate inventors on design patent filing costs.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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