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FIXED FEE DESIGN PATENTS

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by

Ryan Pool

on 30 May 2018

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Transcript of FIXED FEE DESIGN PATENTS

Quick Design Patent Rundown
Columbia Sportsware v. Seirus
Design Patent Advantages
Comparing the Designs
Design Patents have a higher success rate. Nationally, 80% of design applications filed are allowed (MWZB over 95%)
$1.30
Tuesday, May 15, 2018
MWZB
What Our Fixed Fee Covers
$1,300
A Picture is Worth a Thousand Words
The $1,300 fixed fee will cover standard firm fees (includes mandatory forms) and
all
attorney work
from filing to final Office Action or Notice to Allowance
.
Design Patents are all about the
Drawings
FIXED FEE DESIGN PATENTS
What it Does Not Cover
USPTO Fees
Draftsman Fees (guaranteed drawings)
Non-Standard Firm Fees ($100 if needed)
Priority claim ($75 if needed)
Issuance Fee
A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171)
Design Patents are narrow in scope. The infringement standard is, in short, would an "ordinary observer" be confused when comparing the infringing product to the patented design as a whole. Crocs, Inc. v ITC.
Damages for Design Patents are total profits. 35 U.S.C. 289. Apple v Samsung may complicate this standard.
Patent
Product
Result: Jury awards $3million to Columbia which equals Seirus total profits
US D459,798
Aventis Pharma S.A.
15 year term with
No Maintenance Fees
Filing rate of Designs have more than doubled since 2000. Now at 50,000 a year
Shorter pendency/prosecution period (about 1-year)
Government fees are less ($900 large entity filing fee)
Faster - Cheaper - Easier
If client drawings can be provided in editable PDF format the draftsman's fees are reduced.
Drawings are the claim but you don't have to claim the whole drawing. Dashed lines are used to indicate unclaimed aspects of the design.
Clients often have there own drawings to provide, but we often need to edit them to avoid rejections.
Examiner's are extremely strict regarding drawing quality and adequate views for all features. It is nearly impossible to add anything to the drawings after filing. This means getting the drawings right at the time of filing is critical.
Draftsman's fees average about $100-$400 (7 figures), and our drawings are
guaranteed
. This means that drawings produced by our draftsman are guaranteed to be free of errors, i.e., no formality rejections. If any such rejections are made the drawings will be fixed by the draftsman at no charge.
Obtain Quick/Cheap Protection of Commercial Embodiment
How Design Patents Can Be Used
When Utility Patent is a Bad Option
Increasing Business Valuation
Substitute/Supplement for Trade Dress
Supplement to Utility Patent Protection
Able to Market as "Patented Product"
Quick Comparison to Trade Dress
Less of an issue with regard to functionality
No requirement of an actual product
No causation of injury from infringement requirement
Usually better damages
Usually easier to prove infringement e.g.
Design Patent Advantages
15 year term
Disadvantage
Recent Example of Design Infringement and Damage Award
Pharma Design Patent Example
Full transcript