Design Patent & Information Disclosure Statement

Legal Power

• The United States takes a unique position from the rest of the world regarding who invented a concept first. In the U.S., the person who thought about the idea first has priority over someone who filed the patent application first. Hence, if you thought about it before someone applied for a patent, the intellectual property rights belong to you. The challenge resides in proving the timing of your idea. An invention disclosure solves this issue and has strong legal power in court.
  
  

Disclosure Content

• The invention disclosure refers to a document that you write with a description of your concept. Great emphasis should be placed in detailing the ornamental characteristics with support of visual illustrations such as photos or drawings. This disclosure needs to include your name as the inventor and anyone else who was involved in coming out with the concept. This document must be signed by you and two witnesses who understand the original aspect of your design. Don't forget to date the document.
  
  

Disclosure Format

• The description can be in free format, handwritten or typed. The length typically ranges between two and ten pages. But it can be as long as needed to cover thoroughly the novel aspects of the design. The disclosure stays in your files and should remain in your possession for at least fourteen years. You can retrieve it if you have to defend that you were first to invent.
  
  

Design Patent

• From the time your idea falls into the public eye including the Internet, trade shows, or presentations at conventions, you have twelve months to file a design patent to protect your idea. This filing prevents others from manufacturing and selling in the United States. It does not block someone from producing and selling it outside of the U.S. If you plan to sell the product outside of the United States, seek the coverage of a foreign patent before placing the item in the public eye.
  
  

Patent Content

• The patent application typically includes the information gathered in the invention disclosure but presents it in formal structure. The application starts with a summary of the invention and follows with one claim that describes the novel ornamental aspects of the product. Drawings or black-and-white photos are essential for a design patent and should be featured with extensive details expressing the novelty and range of possible usages.
  
  

Timing

• The USPTO typically need two to three years to process the application. Patent examiners may issue an office letter where they point to possible prior designs. You will have two months to respond and explain how different your concept may be from their findings. Writing a patent and responding to examiners has become an art that is best practiced by patent attorneys or patent agents. Hiring some legal representation to file the patent and handle its issuance will ensure that your interests are best protected.