Design Patentability Search

A comprehensive analysis carried out to ascertain whether a specific design satisfies the requirements for patent protection is called a design patentability search. It entails looking through the granted design patents as well as other pertinent publications and databases to find prior-art that might have an impact on the design in question's novelty and non-obviousness. This search aids in the evaluation of patent applicants' chances of securing a design patent for their design and might help them decide whether to pursue for the design patent application or not.

A functional object's decorative or artistic look is protected by design patents. This may consist of: 

• Industrial Designs: Designs for articles of manufacture, such as consumer products, furniture, appliances, vehicles, sanitary products and electronic devices etc. 
• Textile Designs: Patterns and ornamentation applied to fabrics, textiles, and clothing. 
• Packaging Designs: Designs for containers, packaging materials. 
• Jewelry Designs: Ornamental designs for jewelry, watches, and accessories. 
• Architectural Designs: Ornamental features of buildings, structures, and architectural elements. 

In general, design patents shield an object's distinctive appearance rather than its functional features.

In order to find prior art that might affect the novelty and non-obviousness of the design under consideration, a variety of sources are combed through during a search for design patentability. 

• Official Patent Databases: Databases such as the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and other national patent offices' databases contain records of granted design patents and published design applications. This data is very reliable and helpful in attaining the knowledge about the status of the design patents in a particular design. 
• Non-Patent Literature: Journals, magazines, catalogs, product brochures, websites, and other publications may feature designs similar to the one being considered for patent protection. The websites of shopping websites also help in getting the design patent search conducted.  
• Design Search Databases: Specialized databases and search engines tailored for design patents and visual art can help identify relevant prior art. 
• Image Searches: Researchers can locate photos that resemble the design in question by using search engines like Google Images or specialized visual search engines. 
• Trade Shows and Exhibitions: Exposure to trade shows, exhibits, and industry events can provide insights about emerging designs and trends within the relevant subject. 

Patentability searchers can give a clear picture of the current state of the design landscape and assist patent applicants in making well-informed judgments about seeking design patent protection by thoroughly exploring these sources.

Following receipt of a search report on design patentability, a number of actions should be done to assess the results and decide on the best future steps:

• Review Report: Carefully go through the search findings.
• Evaluate Patentability: Assess if the design meets patent criteria.
• Consult Professional: Seek advice from a patent attorney or agent.
• Consider Modifications: Adjust the design if needed to enhance patentability.
• Decide on Filing: Determine whether to proceed with a patent application.
• Monitor Competitors: Stay aware of competitors and market developments.
• Maintain Confidentiality: Keep the design confidential until filing to avoid prior art issues.