Design vs. Utility Patents

[@gee3883]

Very helpful ,I did find the music off putting maybe as I'm listening on headphones. Please take this as constructive criticism.thanks ever so much for the information.

[@boldpatents]

Thank you - yes, I do wish I would have removed the music or turned it down/off. Thanks for feedback.

[@shantishante]

Very helpful.

[@boldpatents]

Thanks! Let me know if you have any other topics you'd like to learn about.

[@user-jq1oi6ur2x]

Thank you so much for taking the time to provide such a complete description- excellent video!

[@j.d.houvener6868]

You're very welcome!

[@abdulrahmanama]

I wanted to ask, if i have a logo and contacted a manufacturer to produce the order with my logo, does he need a logo authorization to produce it?

[@boldpatents]

It will depend on the contract you have in place with that manufacturer. And, I hope you do have a contract. If you for some reason don't there may be an implied license for them to make/use your logo as you have given them permission to manufacture it. Email me if you have further questions on this: [e-mail].

[@abdulrahmanama]

Hi, how can i know if the patent is a utility patent or a design patent, because the 20-15 years way of check is not working there are some patents that just last for 10 years. The other way (if there is a D) i don't want to take the risk because maybe i didn't see the D or maybe they don't use the D anymore.

[@boldpatents]

Abdul, the USPTO still uses a D for design patents, and without a D, they are utility. On the front coversheet you can see the filing date and that is the date where you can (Generally) count 15 for design and 20 years for utility for the life of enforceability. The variability can come in where the USPTO may have delayed the inventor, and additional time is given to the patent term.

[@arnoldo24]

Great video. Would you be able to explain hoe to get around a utility patent?

[@boldpatents]

I'm on it. I'll do a KZbin Short on that today, should be published by end of the week. shoot me an email if you have a patent case you'd like me to look at specifically: [e-mail]

[@aamirlatif1506]

Hi, i am doing a product but when i checked patent it's utility patent of manufacturing method payent. What does it mean many manufacturers are there in field of sports its not invention.

[@boldpatents]

Just because there are a lot of manufacturers out there in the field, doesn't mean your product is not patentable. I am not sure I understood your question.

[@Matt-cr7yb]

And I know this video is done for years ago but that's awesome it's still up and going U.S. MARINE Veteran

[@boldpatents]

You are most welcome! Thank you for your service, Matt! Let me know if there are any other topics you'd like to learn about. Shoot me an email: [e-mail]

[@HEADBANGRR]

Great info. You gave me an answer I was looking for. Thank you

[@boldpatents]

Thank you for watching!

[@samanthawilliams5520]

Succinct and practical info to act on, thank you!

[@boldpatents]

You bet. Let me know if you'd like any supplemental info or another topic I haven't already covered. Cheers!

[@brandoncampbell3275]

Great video - informative and precise. Super helpful!

[@j.d.houvener6868]

Thanks! Let me know if you have any other topics you'd like me to hit. Feel free to email me directly at [e-mail]. Cheers!

[@michaelbush6375]

Whoa! You know, I wish I had a do over, or had more support with my invention last year with this firm. $3700.00 to find another company had the patent, and actually no post or follow up options suggested.

[@j.d.houvener6868]

Michael, it’s not fun to have to deliver a negative opinion to an inventor. At the same time, it’s that opinion that they most need. Many inventors spend WAY more than you have only to find out too late, they weren’t first. $3700 well spent.

[@TheHappyLadyChannel]

With a design patent, how much protection do you get? If someone were to copy my idea but tweak the design, am I protected? My invention is a tangible product and I haven’t been able to find anything like. It solves a legit problem. But I’ve been rejected before for a utility patent on a formula. So, I’m thinking a design patent might be safer for me this time. I do worry that someone will knock it off (especially the concept) and tweak the design. If I’m the first to create one of these I’d like some good protection.

[@ThEMaGnIfiCeNtA3]

Thank you for the info.. you are great. I m new but I have a great idea. I m fusing the digital world with the physical world. I thought about provision design patent, but I realized from my understanding you, my design idea has function that is not physical, but 100% virtual. My question if I may. Do I still have to do utility patent

[@ThEMaGnIfiCeNtA3]

Thank you so much!!!

[@boldpatents]

@@ThEMaGnIfiCeNtA3 You're most welcome! And thank you for your kind words. ABSOLUTELY you can seek patent protection for functionality that exists in the digital/virtual world. There are many many patents that are being issued with respect to virtual reality solutions and utilities. Yes, it would be a utility patent application. Schedule a screening session and we can make sure you're a good fit and if the timing is right: www.boldip.com/contact

[@ThEMaGnIfiCeNtA3]

@@boldpatents Thank You!! I will. I m putting the elements into a better presentation.

[@calebandrewcox826]

Very very informative JD, thank you for putting out helpful info like this for people like myself, who have wondered what the benefits & costs are for each type of patent. =]

[@j.d.houvener6868]

Caleb Cox you are welcome!!

[@nakulsoni]

Very Helpful 👍👍👍

[@EvolvedBonobo]

Excellent video. Thank you!

[@boldpatents]

You are welcome!

[@techpickie2361]

where do we search for other design or utility patents to check if they my idea exists?

[@boldpatents]

Good spot to start is google patent search and do natural language searching [patents.google.com/]

[@SteveBoyer10]

Have you ever seen design patents take up to 3 years to be decided on? I’m looking at competing with a company who says their design is patent pending. I have searched for many hours and hired someone to help me search and can’t find it being issued.

[@boldpatents]

It's very possible. You can look yourself to see the status if it's been more than 18 months since filing (unless they filed a non-publication request). All you need is the application number. Visit: portal.uspto.gov/pair/PublicPair

[@Steppinonshii]

If I were to create a tool that revolutionizes an industry can I patent the tool and anything that does the same thing using a similar method or can other people make their own designs and compete

[@boldpatents]

You would want to protect (if possible) the method as broadly as possible such that any other method would be vastly less efficient or unreasonable.

[@latoyahall6355]

If the item you invent is for sale when are you able to sale item

[@innermagnet8288]

Helpful video.

[@jackbarr1124]

Great video thank you. Is it worth getting a Design patent on something simple like a birdbox for the garden? ( I am a carpenter who has a unique design and wants to start a birdbox business. )

[@boldpatents]

Perhaps, might be something we need to discuss. Our screenings are free if you're interested: boldip.com/contact/

[@4thmoonproductions887]

Extremely helpful, thanks!!!

[@boldpatents]

Glad we were helpful!

[@ericsanchez7426]

The space shuttle jeffrey bezzos launched at the texas area he used the circle design i had made to benefit from my energy

[@Souloxity99]

Great Info!

[@boldpatents]

Thank you! Glad we could be helpful.

[@ashantih4159]

Thanks for breaking that down! Unsure if you are still reading comments on this video but I would love some advice. If I am planning on hiring an expert ux/ui design engineer to bring my invention to life, how would I get a utility patent if I don’t know exactly how it’s made? Will I even have full rights to the invention if I didn’t make it myself? What do you think is the best route for me?

[@boldpatents]

You'd want to get a patent in place BEFORE hiring a UX designer. If you want more info, we should take this conversation somewhere private. One of our experts can answer your questions for free, and you can share as much as you're comfortable sharing: boldip.com/contact/

[@michaelbush6375]

My drawings were elementary and blind on the submission inquiry. I am glad to see JD taking more of a teaching methodology, because I had no clue as a novice, with a game changing invention. Sour grapes for sure, and really no trust for this process with this firm or any firm that won't educate its clients!

[@boldpatents]

Thank you.

[@johnchase1792]

Great video and i have done one but both great advice

[@boldpatents]

Right on! Glad to know it helped! :)

[@4evaturnt737]

is this something you should take care of before you have your completed invention or after you have a prototype ?

[@boldpatents]

I would say yes, because you don't want anyone else to beat you to it.

[@peppermint2111]

Thanks for explaining the differences between Utility and design patents.. There is so much information out there an it can be overwhelming. Do you have any suggestions on which books to purchase on patent and design ? 😁

[@boldpatents]

You bet! I actually wrote a book on exactly that. I've got it in print (paperback) and e-book version available on Amazon here: www.amazon.com/Bold-Ideas-Inventors-Guide-Patents/dp/0692633200. OR if you want to get a free copy, you can schedule a consultation with our firm here: boldip.com/contact/

[@tanujsatti1079]

Respected sir, I had an idea and a design regarding a machine should i design patent it ASAP.

[@j.d.houvener6868]

Don't know yet :) We should talk! Schedule time with us at www.boldip.com/contact

[@stephenchapman5431]

Patents utility/design protects that of the prospective device - that's pretty straightforward; where it gets murky for me is when you have a device class I/II, which by definition contradicts the entire patent ideology cause of the predicate devices component. Help me help you help us. Lol

[@boldpatents]

Please email me, let’s get to the bottom of this and I can prep a video on it. E-mail: [e-mail]

[@carolnelson5215]

Do you just teach or do you implement on ideas? How many? I have my Provisional Patent filed for a utility patent. I'm 3 mo in Patent Pending and not liking the company I've been working with. Nothing signed except the NDA. I need market research, a company to work with me not for me. I'm non obvious, a micro entity, simple product that is unique, a new take on an old problem. Inexpensive, adaptable and easy to mass produce. I made it years ago and use it almost every day. Everyone needs two or knows others who do. This has no extra parts no tools needed, no assembly or installation. It is a great idea I came up with and have put money into for years and it is ready. I am ready to get it out there, need the marketing, web design, online sales side of things. Anyone you can think of who can pick up what I'm putting down and realize a dream that will make money. Companies 5 interested, more than but I'm 1/2 way there already. I need protection and insight to production and sales. Whether to large entity or small company. ? Carol

[@boldpatents]

I preach & practice! 😅 send me an email, let’s connect: [e-mail].

[@latoyahall6355]

I would like to know if I have invented something similar of a previous design. but is designed with a slight difference in appearance and serves different purpose what patent do you file

[@uponamidnightdreary]

Why would Apple need multiple design patents instead of just one?

[@j.d.houvener6868]

Design patents, while easier to get granted - are more limited in nature. They are specific to one 3D shape, and if the shape/appearance of the product changes, even slightly, it will not be covered by the original design patent. So, multiple design patents are needed to cover different ornamental designs.

[@uponamidnightdreary]

@@j.d.houvener6868 ooh I see. Cool. Thanks for the reply!

[@joshquillen6971]

Thank you !

[@boldpatents]

You are welcome!

[@bradsemmens8676]

Great value here man, thank you!

[@boldpatents]

Glad I could help!

[@elijahroyaie]

Hello, we have a software and we are considering patenting both Utility and GUI design. My first response after this video is to not do GUI design patent because its not as important and our user interface can change later on due to several factors. please correct me if I'm wrong or if you have any other recommendation Thank you so much for the great video

[@boldpatents]

Thanks for your question/input Elijah. It's true if you're early in development, and the user interface is likely to change significantly, going for a GUI design patent is not always best option cost-benefit wise. However, if there is a core interface that will not change even with later versions, etc. then you should lock that in with a design patent if possible. Also, even as interfaces change, you can just file for new patent applications later to expand the portfolio and coverage.

[@legalsmarts]

Thanks great Video. Question what if your invention’s design is the only way for functionality? Would the design filing suffice?

[@boldpatents]

You're welcome LegalSmarts! Wow, great question. If the shape of your invention IS what's functional then you need BOTH design and utility filings to protect both what your invention does and what it looks like. Example of this is an airplane wing. True, the wing itself is a solid structure, and its because of its SHAPE that it provides a novel amount of lift in the air - but what's important is that you protect the STRUCTURE (and sub-structure) of what that shape is (which would include the material types, the fasteners, the thicknesses, chords, ribs, etc.). See, in a design patent, it is a "wing-shaped design", and in the utilty patent it is a "wing". If you have follow-up questions, feel free to email me at [e-mail]. Thanks for your question!

[@hasan1231]

This was a great video and you were very engaging.

[@flintindustries]

Helped a lot, thanks

[@boldpatents]

Glad to hear!

[@prince_gaming1520]

Very nice

[@boldpatents]

Thanks, Prince! let me know if you have any other questions - be happy to put together a new video on that topic.

[@daniellittle9527]

So, I have a prototype, it's a pair of jeans i've modified by adding an additional pocket that serves a specific function. What kind of patent should I file? The best way I can describe my design without giving away much is think of the thumb holes they have now in sweatshirts. It's a different design but serves a function. Thoughts?

[@boldpatents]

DANIEL LITTLE this is a very specific inquiry, that I think we should schedule you for a consult for. Mainly due to confidentiality reasons, I encourage you to not share details about your invention. In general, the key question is: what’s most novel about your invention? What it does or what it looks like? If it’s “does”, then Utility patent filing, if “design”, then Design.

[@Kay-m-11]

Hi, if I want to patent greeting cards that have some mechanical movement, Should I file for design or utility patent? (I'll have different designs so I want to protect all of them) Thank you in advance!

[@boldpatents]

Karen Moctezuma BOTH! I know :) If younare going to pick one to tackle first, I’d say, focus on what’s unique: is the design (way it looks) unique? Or is the mechanical movement/what it does that’s unique? If the way it looks is unique - go Design If what it does is unique - go Utility My gut says that you probably have both here. Congrats and cheers!!

[@waynesanders1406]

Hmm... give me some details on your design and I'll help you decide which way(s) to go. ...

[@waynesanders1406]

I can't believe there are only 190 subscribblers. I'll be in the market for some patenting in the coming year now that I have finalized my 60-80% MPG boosting hydrogen fuel device. I've heard "partnering" with a lawyer is a potential option so that there are no up-front costs in paying for a lawyer; instead they make a % profit from the business. Can you make a video that might entail how we could find that type of lawyer? I heard that it usually requires finding the individual that believes in what you're doing enough to invest in it that way. I intend to take the patent and use it to develop a true profitable low-cost startup business that I can franchise out. It doesn't take much on the tools and shop space to make one of these units, just a garage and simple tools, although shop space could be acquired as well. On a side note, this video keeps freezing up and stops loading the buffer. I have to click around to get it to keep playing.

[@boldpatents]

Wayne, thanks for the idea! I will take some notes and prepare a script for a blog and video about varying attorney compensation routes.

[@milesholt3655]

@@boldpatents did you ever do this video?

[@boldpatents]

@@milesholt3655 Thanks for the reminder! We will work on it!

[@aliabdelalibaida4703]

Explanation of models sb0017 aia0001 aia0015

[@Username56339]

Hi do you think it's possible if I can get a pro bono lawyer to help me with my patent for free

[@boldpatents]

Yes, its very possible. It will depend on your income level. There are some great resources on USPTO.gov website: www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

[@Username56339]

Thanks for the information I really appreciate it. 👍🏽

[@geraldgaddy367]

Very informative. The patent that I am contemplating on leans more to the design rather than the function. The function will be the same but the design is my focus.

[@boldpatents]

Gerald Gaddy so glad I could help!

[@erica7268]

I can’t believe out of all the videos I’ve watched I’m just now learning what I need is a design patent. And I can’t believe I can’t buy time with a provisional. I am already selling it, people love it, there’s a high end market for it and I know it will sell in stores. I’m so afraid of my competitors or worse China figuring it out. What’s the first thing I should do? This thing is my baby it’s so unique and gift shops are asking for it. I have an issue with supply. I’m searching companies in China trying to find the main “piece” but what’s the first thing I should do to protect it?

[@erica7268]

I’m freaking out!!!! 😩 but Thank you for the video.

[@boldpatents]

Erica, I'm so happy you liked the video, and you found Bold!!! :) A provisional may be filed up to 1 year after you started selling or published your invention - here's hoping that 1 year statutory limit is not yet reached (fingers crossed). DONT BE AFRAID OF INFRINGERS!!! Welcome them, just know what it's going to take to squash them. Like many things in life, there's never going to be a perfect time, and there's no better place to start than where you are. Give us a call, let us em-bolden you :) - J.D.

[@mebawubeshet6729]

please turn off the back ground music it is difficult to concentrate

[@boldpatents]

Do you know how to republish without music? I'd like to do that.

[@mebawubeshet6729]

What i just say the back ground music make it difficult to hear u lecture either remove it or turn down the volume.....@@boldpatents

[@boldpatents]

Understood@@mebawubeshet6729

[@Matt-cr7yb]

Awesome video I needed to hear this thank you very much U.S. MARINE VETERAN

[@tanujsatti1079]

Please help !!!!! sir

[@MenOfMaturity]

I believe the US Patent Office needs to let inventors to do a prototype presentation to file for a full non provisonal patent it will be better to let us do this why? because If I have a prototype done and i have been working on it for 6 months and got great feed back I can file for no provisional patent and the USPO should let me do a meeting with them to file it much quicker with in 1yr because the PROOF OF CONCEPT WILL BE DONE FACE TO FACE WITH IN SIDE OF THE USPO AND THE inventor can demonstrate and explain with an actual product in front of them that her or she is trying to get patent ASAP

[@johnchase1792]

Can they steal your idea and who does the search

[@boldpatents]

Great question John - Truth is anyone can steal your idea/invention! If you have a patent though, you can go after them for infringement :) Our Patent Attorneys do the searching before we recommend filing and before moving forward on any infringement action.

[@coffeecoconutstermites8597]

Yo

[@catlover19199]

Very nice

[@boldpatents]

Thanks Usha! Please shoot me an email if you'd like to hear about any other topics: [e-mail]