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Anyone here know about design patents?

by madelyndon
6 replies
I have an idea, and ultimately I would sell this online, but wondered about how things worked. I did research online but it was hard to find answers. I want to take an existing product and add an element to it, that doesn't change the function but does make it more fun and appealing to kids - so really just changes the design. So for example, those pillow pets, someone merged a pillow and a stuffed animal and made a ton of money. Did they patent that, or can anyone make the same thing and call it a different name?
#design #patents
  • Profile picture of the author luku
    I am not an expert in the field, nor the lawyer, but that sounds doable for me. The easiest way would be to go for a provisional patent which is a low cost option that gives you a "patent pending" status for a year or so (usually that's enough to validate your idea).

    Here's the link.
    Provisional Application for Patent

    Sometime ago I read a great book called "one small idea". It was about patenting smart ideas. You may want to check it out.

    I hope this helps a little.

    Best,
    Lukas
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    • Profile picture of the author MNord
      If you are serious about doing this, it is in your best interest to invest in a consultation with a reputable patent attorney. You can read up all you like, but without a broader and deeper understanding of patent laws you are very likely to miss something.

      Plenty of patents get denied after people invest lots of money in developing an invention. And even if a patent is awarded, it can be challenged by a competitor, patent troll or other party. Some patents are cancelled/deemed unenforceable as a result of these disputes. And damages for infringement can be enormous. Not to mention that patent litigation can often run up $1MM or more in attorney fees.

      So before you try to patent something and then invest in production, marketing and distribution, I would say the investment in some legal counsel would be worthwhile.
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  • Profile picture of the author OnlineStoreHelp
    Originally Posted by madelyndon View Post

    I have an idea, and ultimately I would sell this online, but wondered about how things worked. I did research online but it was hard to find answers. I want to take an existing product and add an element to it, that doesn't change the function but does make it more fun and appealing to kids - so really just changes the design. So for example, those pillow pets, someone merged a pillow and a stuffed animal and made a ton of money. Did they patent that, or can anyone make the same thing and call it a different name?
    Like others have said, your best bet is to consult an Intellectual Property Attorney. Mind you, even the decent ones run $500 and up per hour. Now, from my own experience and the consult I had with an IP attorney on one of my ideas for a different design, he essentially told me unless I had about 50K to budget towards the patent it probably wasn't ideal.

    Because design patents are so targeted, all it takes half the time is for someone to make even minor changes and they can get around your patent. Add on top of this, it is most likely gonna be built by a chinese contract manufacturer which you will be hard pressed to get them to sign an NDA or even enforce it so its possible you will be SOL if someone wants to copy it.

    Your best bet is to concentrate on getting it built/made and getting sold so you can have first mover advantage when it comes to either selling online or wholesaling it into retailers. Spend to much time thinking about every little thing like patents, and you will never get it off the ground. If over the next six months you kill it in sales, then go about getting your idea protected. But you are better off spending that money on advertising and getting it built instead of worrying about someone stealing your idea.
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    • Profile picture of the author MNord
      Originally Posted by OnlineStoreHelp View Post

      Mind you, even the decent ones run $500 and up per hour.

      Add on top of this, it is most likely gonna be built by a chinese contract manufacturer which you will be hard pressed to get them to sign an NDA or even enforce it so its possible you will be SOL if someone wants to copy it.

      Your best bet is to concentrate on getting it built/made and getting sold so you can have first mover advantage when it comes to either selling online or wholesaling it into retailers. Spend to much time thinking about every little thing like patents, and you will never get it off the ground. If over the next six months you kill it in sales, then go about getting your idea protected. But you are better off spending that money on advertising and getting it built instead of worrying about someone stealing your idea.
      You can find good patent counsel for less than $500/hour. You might pay that at a larger law firm, but there are a lot of good boutiques/sole practitioners that charge less.

      The warnings about China are worth reading. Many companies have had their IP stolen by Chinese contract manufacturers. It can be difficult and expensive to do anything about it.

      Just getting the product built/sold without seeking patent counsel may be a costly mistake. Because if what the OP builds is found to infringe on another patent he could lose everything and pay damages, too. A bit risky in my book, but maybe that's just me.
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  • Profile picture of the author Janice Sperry
    You should check out edisonnation.com...
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  • Profile picture of the author osamaye360
    in order to be capable of registration a design must :

    1) new: which means that it must not be the same as any design which has already been made available to the public and;

    2) have individual character, which means that the overall impression it produces on an informed user of the design must differ from the overall impression produced on such a user by any design which has already been made available to the public.

    Designs can not be registered if they:

    are concerned only with how a product works
    are for parts of a product
    are contrary to law or morality
    make unauthorised use of protected emblems or symbols

    So, based on the above check very well if your design is capable of registration. if not just go with what OnlineStoreHelp said
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