About Design Patent Applications

There are various kinds of patents. A design patent covers the ornamental look and visual characteristics that are embodied or applied to a product that make that product unique and identifiable.  Design patents involve a less rigid patent application and prosecution process.  However, they can take from one to two years (typically) to get through the entire review process before a patent may be granted. Once granted, a design patent will allow you to prohibit others from using or selling the design without your express authorization. 

The price for drafting a proper design patent application can range from about two thousand dollars for more simple designs to three thousand for more complex design patents.  When inventors understand the entire process ahead of time and have the ability to plan and budget for costs in advance of starting the design patent application process, they can be better prepared for the challenges of obtaining patent protection. 

At Klemchuk LLP, we help individual inventors, start-up companies, and fortune 500 companies with their design patent application needs.With our flat fee design patent application pricing option, we can help clients keep costs manageable, without surprises, and with the help of experienced patent professionals that have prosecuted a wide range of design patents.

Why File A Design Patent Application? 

If you have come up with a unique design element for a product that is protectable through patent rights, then that is a very valuable asset. A patent search is necessary to help determine whether an idea may be patentable.  In business, such assets can greatly improve a company to the disadvantage of competitors, but only if the invention is protected.  Without protection, once third parties become aware of the invention and start using it, then it becomes fair game for anyone to use, make, or sell.  However, with patent protection, the invention owner can claim proprietary rights and any third-party use must be authorized through licensing, royalty, and other agreements. 

There are specific timelines and requirements that must be adhered to in filing a design patent application, so obtaining advice from an experienced patent attorney early on, is of importance to helping ensure the process progresses smoothly.

Don’t Fall For DIY and Online Fast/Cheap Patent Filing Companies

Some inventors and small companies try to minimize costs for obtaining design patent protection by using patent filing companies found online. The danger with online patent filing companies and the “do it yourself” patent application, is the lack of experienced legal advice from licensed patent prosecution attorneys with knowledge of the types of hurdles patent applications face.  

DIY patents may get a filing date, but once prosecution commences, if the application is lacking, there may be no cure available to place the application in a proper state for registration. Similarly, online patent filing companies may not adequately protect an inventor’s interests, as they do not invest time to obtain a full understanding of the specifics surrounding an invention to get a full picture.  Often, people obtain patents  through online companies, but the protection provided is so narrow that there is little to nothing that can actually be enforced from the patent, making the time and money spent on “saving” to actually become a waste of money and loss of proprietary rights that could have been otherwise safeguarded.  

Klemchuk LLP offers design patent application drafting and filing for a flat rate price, to help keep costs clear and help allow for proper budgeting for the prosecution portion of the registration process.

 

Flat Rate Design Patent

If you are interested in our Flat Rate Design Patent Application use the form below to tell us how we can help.

Alternatively you can give us a call
(214) 367-6000

We offer additional types of flat fee services for patent related matters. Contact us for information on any specific services you are interested in. See Engaging with Us for how we interact with clients.

Benefits of Our Flat Fee Design Patent Application Pricing Program

Inventors and business owners often need legal help to understand whether a design can be patentable as well as assistance with proceeding through the patent application and prosecution process very with specific requirements. After a patent search has been performed, an informed decision can be made to proceed with an application.

With our flat fee design patent application services, you get: 

  • Professional Service from Licensed Patent Attorneys with Years of Experience

  • Price Predictability

You deserve experienced legal advice and assistance to get you through the process of drafting a proper design patent application with proper drawings that will provide you with the optimal patent protection, all at an affordable, transparent, and predictable cost.

See our Patent Registration Process for an overview of the patent process from a patentability search through registration of a patent.  See also our Patent Cost and Pricing Options for a discussion of how much a patent costs and how we bill for our services. Our post Have an Invention — What are the Next Steps to Get a Patent? discusses key decisions inventors must make during the patenting process.

How it Works (Our Process)

Step 1

Contact you to gather information about the idea/invention.

Step 2

Prepare a draft of the design patent application with drawings.

Step 3

Answer questions and make minor revisions to get a final version.

Step 4

File the utility patent application with the USPTO.

Design Patent Application Pricing Options

Design patent applications can vary in complexity. Our attorneys offer flat fee pricing in two tiers

 

Basic Design Patent
$1,750

This option is for design patents that involve more basic design elements and do not require elaborate drawings to identify the invention.

Advanced Design Patent
$2,500

This option is for design patents that involve moderately advanced design and will require more advanced drawings to identify the invention.

 

*Government filing fees range in cost depending on the type and size of the applicant, from $240 – $960, for a basic application.

The Not So “Fine Print”

Limitations, Conditions, and Caveats

In some instances, a flat fee is not appropriate.  Of course, we can most likely assist, and would tell you in advance what costs to anticipate.

Moreover, the flat fee does not include any additional work, such as significant revisions to the documents, or additional work not identified at the time of engagement.  The design patent application flat rate includes the drafting of the various portions of an application, draft of drawings by a professional draftsman, and minor revisions to the drafts to get the application in final filing status, as well as the filing of the application with the USPTO.  Any additional work to be performed after the filing of the application within the prosecution process, would be extra and billed at our standard hourly rates.   

This page is for information only and does not constitute legal advice nor our engagement as your legal counsel.We reserve the right to change or discontinue any of the flat fee services provide on our web site at any time. All services are subject to our conflicts policy, Terms of Service, and the execution of our Flat Fee Engagement Agreement.

Payment

All flat fees must be paid in advance.  Invoices or requests for retainers for future work needed will be sent in accordance with our standard billing process. As a courtesy, we accept most major cards and can accept online checks.

Additional Hourly Patent Legal Services

We offer full service patent legal services and advise clients regarding the following patent related issues:

You can find additional information in our Patent Services page.