What if you have multiple designs you want to protect with a design patent? Unfortunately you can only include one design in a design patent. While you can try to include multiple variations of your design in a single design patent application as “separate embodiments,” the Patent Office will most likely “restrict” your application to a single design and you will end up having to re-file those separately anyway – at added expense.
A better option is filing separate design patent applications for each new design you have. Some tire makers, for example, file design patent applications for each thread pattern on their tires. This approach can help build your Intellectual Property (IP) Portfolio, which can add value to your business.
Of course, filing multiple design patent applications can get expensive. If budget is a concern, as it so often is, then you may need to make some business decisions. Try to determine which designs are most important to your business, and which designs you most want to protect. Then work with a patent attorney to file design patent applications only for a few designs.
What if your design might change in future? You may be able to file additional patent applications in the future for other designs. But if your design is still evolving in the short term, you might want to wait until the final versions are available before filing your design patent application.
As with utility patent applications, you can lose important rights to your invention if you delay. Even with design patent applications, you still need to be mindful of the bar dates and file before any of the bar dates (i.e., sale/offer for sale, publication, public use, or other public disclosure) prevent you from receiving patent protection.
It’s best to work with an experienced patent attorney who can help you sort through these and other issues particular to your situation, and help you develop a filing strategy that offers the best protection for your designs within your budget.
