Why File Design Patents?

Every good prototype design firms knows your invention deserves to be protected. Your blood, sweat, and tears went into it, and it’s better to be safe than sorry for protecting it. A design patent protects the way your product looks where a utility patent protects how a product works. However, some people skip the step of protecting their designs.

Patenting with Your Prototype Design Firm

After your prototype design firm completes the look of your invention, it’s time to file the design patents. This can include one patentable design per patent. Which means often times designers will get multiple patents for each prototype design they create. Design patents help protect you against other designers copying your product and also prevent secondary parties from making compatible replacement parts for your product.

Our client Festken filed a design patent for their new water bottle and the four-finger design.

A popular example of an infringement case for design patents is between well known, Fortune 500 brands, Apple and Samsung that we saw make headlines last year. Although when you compare the number of design patents issued for prototype designs versus the number of infringement suits filed, the numbers are low.

If you ever get caught up in one of these suits, it can be extremely damaging to your product. So it’s better to be protected! Make sure to discuss with your prototype design firm your patent intentions with your invention.

Festken: The patented product TriMech Design Solutions (formerly MAKO) developed for our brilliant client at a music festival.

So should you have your prototype design patented?

Here are some areas that would require you to get a design patent:

• Measuring, testing or signal instruments
• Recording, communication or information retrieval equipment
• Photography and optical equipment
• Medical and laboratory equipment
• Lighting

Now, where do you start? Our prototype design firm provides patenting services through our partner patent attorneys, who will walk you through all the steps to filing a design patent for your prototype design. They will provide you with advice on the type of patent you should be looking at and conduct research to ensure there aren’t similar patents.