Conducting a Design Patent Search: Comprehensive Guide

Conducting a thorough design patent search is crucial for ensuring the originality of your design and avoiding potential infringement issues. This guide provides a detailed overview of the process, including the importance of preliminary research, utilizing both national and international databases, and when to consider professional services.

Here are the key steps involved:

Comprehensive Guide to Conducting a Design Patent Search

Preliminary Research

Identifying Keywords and Design Elements

1. Break Down Your Design:
   • Analyze your design to identify its key elements and features. Focus on the distinctive aspects that make your design unique. For instance, if you are patenting a new type of chair, consider the shape, decorative elements, and unique construction details.
   • Create a detailed list of these elements to help generate precise keywords for your search.
2. Generate Keywords:
   • Develop a list of keywords that describe your design and its elements. Use descriptive terms that potential competitors might use to describe similar products. For example, for a chair, relevant keywords might include “modern chair,” “ergonomic design,” “swivel base,” and “curved backrest.”
   • Include synonyms and variations of your keywords to cover all possible matches.
3. Use the Locarno Classification:
   • The Locarno Classification is an international classification system used for the purposes of the registration of industrial designs. It categorizes designs into 32 classes and numerous subclasses, based on the type of article.
   • Identify the relevant Locarno Classification class and subclass for your design. For example, a chair might fall under Class 06 (Furniture) and a specific subclass for chairs.

Using Online Databases and Resources

1. Canadian Industrial Design Database (CIPO)
   • Overview: Search Canadian industrial designs from 1861 to the present.
   • URL: CIPO Design Database
   • Steps:
     • Go to the CIPO design database.
     • Enter your keywords in the search bar.
     • Use the Locarno Classification to refine your search.
     • Review the search results, focusing on detailed descriptions and images.

Then you will get results like this

2. U.S. Patent Public Search (USPTO)

• Overview: The USPTO’s Patent Public Search system contains more than 11 million US patents issued from 1790 to the present and 7 million US published applications from 2001 forward.
• URL: USPTO Patent Public Search
• Steps:
  • Go to the USPTO Patent Public Search page.
  • Enter your keywords in the search bar.
  • Filter results to show only design patents.
  • Use the Locarno Classification to narrow down results.
  • Review detailed patent documents and images.

Nice video by uspto itself on how to use too is here https://www.youtube.com/watch?v=np8RKbVMSLg

3. DesignView (OHIM)

• 1. Overview: Search more than 800,000 European design registrations in a public database maintained by the European Union’s Office for Harmonization in the Internal Market (OHIM).URL: DesignView
• Steps:
  1. Visit the DesignView database.
  2. Enter your keywords in the search bar.
  3. Use the Locarno Classification to refine your search.
  4. Review the search results, focusing on descriptions and images.

4. Global Design Database (WIPO)

1. Overview: A public database of more than 1.3 million industrial designs registered under the Hague international system and national design laws. Includes collections from Canada, Japan, New Zealand, Spain, and the United States.URL: WIPO Global Design Database

Steps:

• Go to the WIPO Global Design Database.
  • Enter your keywords in the search bar.
  • Use filters to refine your search based on criteria such as classification, applicant, and jurisdiction.
  • Use the Locarno Classification to narrow down results.
  • Review detailed descriptions and images of registered designs.

Results will appear like this , you can see I there is similar designs already filed.

5. JP-PlatPat (JPO)

1. Overview: The official databases of the Japan Patent Office (JPO), covering Japanese patents, utility models, and designs from 1922 to the present.URL: JP-PlatPat

Steps:

• Visit the JP-PlatPat database.
  • Enter your keywords in the search bar.
  • Use advanced search options to narrow down results.
  • Use the Locarno Classification to refine your search.
  • Analyze the search results, focusing on drawings and detailed descriptions.

Results will appear like this:

Professional Services and When to Consider Them

While the tools mentioned above can help you conduct a comprehensive design patent search, there are situations where professional services may be beneficial:

1. Patent Attorneys and Agents:
   • Role: These professionals provide legal advice, conduct patent searches, prepare and file patent applications, and represent clients in patent disputes.
   • When to Consider: If your design is complex, if you lack experience with the patent process, or if you need to ensure global protection.
2. Patent Search Firms:
   • Role: Specialized in conducting detailed patent searches using advanced tools and databases.
   • When to Consider: If you need a comprehensive and detailed search, especially for global markets.
3. IP Consultants:
   • Role: Offer strategic advice on managing intellectual property assets.
   • When to Consider: If you need help with strategic IP planning, risk assessment, and commercialization strategies.
4. Patent Illustrators:
   • Role: Create detailed and precise drawings required for patent applications.
   • When to Consider: If you need high-quality drawings that meet USPTO and international patent office requirements.

Software and Tools to Aid in the Search Process

1. USPTO Patent Full-Text and Image Database (PatFT)
   • Overview: Provides access to the full text of US patents and images.
   • URL: USPTO PatFT
2. Google Patents
   • Overview: Aggregates patent data from various international sources.
   • URL: Google Patents
3. WIPO Global Design Database
   • Overview: Comprehensive resource for international design registrations.
   • URL: WIPO Global Design Database
4. Espacenet
   • Overview: Free access to patent documents from around the world.
   • URL: Espacenet
5. DesignView
   • Overview: Access to European design registrations.
   • URL: DesignView
6. PatSnap
   • Overview: Advanced patent search and analysis tool.
   • URL: PatSnap
7. Questel Orbit
   • Overview: Suite of IP management and search tools.
   • URL: Questel Orbit
8. TotalPatent One
   • Overview: Comprehensive patent research tool.
   • URL: TotalPatent One

Case Studies and Examples

1. Apple Inc. – iPhone Design
   • Outcome: Successfully secured multiple design patents after thorough searches.
   • Lesson Learned: Proactive searches prevent potential infringement issues.
2. Dyson Ltd. – Vacuum Cleaner Design
   • Outcome: Obtained patents for unique designs, maintaining a competitive edge.
   • Lesson Learned: Detailed searches ensure unique and protectable designs.
3. Nike Inc. – Footwear Design
   • Outcome: Patented iconic designs, reinforcing brand identity.
   • Lesson Learned: Consistent searches are crucial for maintaining a distinctive brand.

Conclusion: Comprehensive Guide to Conducting a Design Patent Search

Conducting a thorough design patent search using both national and international databases is essential for protecting your design. Leveraging professional services and utilizing advanced tools, including the Locarno Classification system, can further enhance the effectiveness of your search, ensuring that your design is unique and protectable.

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