Given that the cost of a Design Patent Application is relatively low, on par with our cost oriented do-it-yourself PPA services, the conclusion is pretty much the same as that given for the PPA, which is if you suspect that others may be coming up with your same or similar design, and you suspect that your design is commercially viable, then a prior-art patent search is wise to perform prior to filing a Design Patent Application.

Well, apart from the insurance policy benefit of a prior-art search, there are important reasons why a relatively thorough patent search should be performed that affect the scope, and strength, of any future patent. The comments made regarding the same question for the PPA additionally applies here too.

A patent search is not a prerequisite to filing a patent application. However, it is strongly recommended. You may be able to perform a preliminary search yourself. See Protecting Your #1 Asset, pages 88, 183-184 and 200-201.

Patents which cover the ornamental appearance of articles, that is, the aesthetic features of utilitarian articles. Design patents can not used to protect a concept or a method of production These rights are solely protectable by utility patents. The design that is sought to be protect must be visible to the user of the product. Design patents can not be used to protect features which are functional in nature.

Before making plans for the timing of the filing of a patent application, any inventor should seek advice of competent counsel. The time periods described here represent only a few of the factors that will influence how quickly a patent application should be filed. Under U.S. patent law, a patent will not be granted to an applicant unless the application is filed less than one year from the date that the invention was sold or offered for sale within the United States.

No. However, be aware that a federal trademark registration does not wipe out the rights of prior users of similar marks, which can not only affect the issuance of a registration (or validity of an issued registration) but may subject you to a suit for trademark infringement by the holder of the prior rights.

Design Patents protect the look, or ornamentation, of an article. If you believe that the appearance of your invention has marketing value, independent of its functionality, then a Design Patent usually makes sense. Unlike a copyright or trademark, a Design Patent protects not only the novel aspects of your design, but also any obvious variations that a would be copyist might come up with to compete against you.

Ans.: A written description of the invention, complying with 35 U.S.C. ? 112, first paragraph; drawings, complying with 35 U.S.C. ? 113; the filing fee; and a cover sheet.

A-1. Depending upon the nature of your development, it may be that having prepared drawings of the development, you have established 'Copyright' in relation to the representations of the development. A-3. It may also be possible to seek 'Registered Design' protection for the development. All that needs to be done is the filing of an application for 'Registered Design' protection at the Designs Registry A-1.

There can be and it is not recommended. The effect of the rule is to make the date of invention the date of filing. If there is a contest as to first inventorship, the inventor who relys solely on the rule cannot prove any earlier date. Even more important, an inventor will often learn some startling information about his original idea by trying to make an invention function. This usually causes a complete revamping of idea.

Effective 7/1/2006 permitting fees have changed. To review the changes please click on each link for more information.

That depends on the complexity of your invention and the level of confidence you feel you need before making a significant investment in applying for patent protection of your idea. The Basic, low complexity Patent Search (#SP01) level of service satisfies the goals of most people with relatively simple ideas who seek low-cost and want to discover if the same or highly similar patents exist.

A patent search is the process of finding any related prior art. It can either be done through the USPTO website or a manual search. A manual search is more thorough.

IBM transferred the Patent Server to Delphion. You can search US Patents for free at http://www.delphion.com/simple/.

Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States. Applicants are entitled to claim the benefit of a provisional application in a corresponding non-provisional application filed not later than 12 months after the provisional application filing date. Under the provisions of 35 U.S.C.

That is, the "protection" afforded by a PPA or a full patent application, is only as good as the disclosure of the invention in the patent application. If it is not properly or completely described, or if there are vague or contradictory aspects to the PPA disclosure, then the PPA may be later found invalid, or not covering the scope of what you consider to be your invention (read quality -vs.- cost tradeoffs for more details).

Once the search has been completed and the decision is made to file a patent application, the application must be prepared. The application must contain a written description that fully describes the invention. In addition, the inventor must disclose the best mode of the invention that the inventor is aware of at the time the application is filed.