More and more design patents are being filed and issued each year as the value of design patents becomes more evident to companies worldwide. Design patent protection can be obtained for a fraction of the cost and effort of a utility patent, and it can bestow the imprimatur of patentability to your product regardless of whether it has any novel functional characteristics.
Design patent filings are highly dependent upon the quality of the drawings initially filed in the case. It’s not uncommon for companies or even experienced patent attorneys to think they can get by with filing whatever drawings they have on hand (or even photos) and get their design patent issued. Unfortunately this is not the usual outcome; often the lack of professional patent drawings at the outset can result in a US Patent Office Design Unit office action with objections to the inadequate initial filing that can prove impossible to overcome.
At Cotsis CAD, we see these office actions all the time, mostly from new potential clients. We don’t take on most of those cases, if only because any attempt we make to rectify the situation with good drawings can result in ‘new matter’ objections by the patent examiner. In other words, it creates a classic ‘Catch 22’ scenario where the very act of submitting competent drawings is not supported by what was filed in the first place.
Clearly, obtaining professional drawings prior to filing is the only way to be sure you’ll be getting the design patent you seek and not face the real possibility of later abandoning the case if the drawings can’t be made to satisfy the examiner. Which doesn’t even cover the potential downside to poorly filed design patent images in the event of future litigation.
At Cotsis CAD we’ve prepared over 2000 sets of design drawings that have been successfully filed with the USPTO and foreign patent offices. Contact us today for a free consultation on your design patent project.
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