Houston Design Patent Litigation Attorneys

What is Required to File a Design Patent?

Applying for a design patent is a multi-step process required by the United States Patent and Trademark Office (USPTO). First, you'll need detailed drawings or photographs illustrating your design from various angles. These visuals serve as the primary means of communicating your design to the USPTO. Second, a written description accompanying the drawings should outline the unique features and aspects of your design. Third, a formal application must be completed, signed by the inventor, and filed with the USPTO.

Protect Your Design Patent

Patent infringement occurs when someone makes, uses, sells, or offers to sell a patented invention without permission from the patent holder. To protect your patent, it is crucial to monitor the market for potential infringers and take legal action if you find a third-party using your patent without authorization. This may involve sending cease-and-desist letters, negotiating licensing agreements, or pursuing litigation in federal court.

To prove someone is using your patent without permission, you should confirm three things:
1. You own a valid patent for your invention;
2. You have evidence that the accused is using your patent without your permission; and
3. The infringing product or process includes all the elements outlined in at least on independent claim of your patent.

Seeking advice from qualified intellectual property attorneys, like the attorneys of Wilson Whitaker Rynell, can help you navigate the complexities of patent law and safeguard your invention effectively.