One of the biggest questions that people ask when they start looking into getting custom furnishings is "Do you have to get furniture design patents?". Most people do, but they aren't aware of just how much of a right they have. In order to protect your unique design, or even your overall concept, you need to have some form of protection. This protection can come in many forms, but the most important one for the designer is patent law. Here are the ins and outs of how this system works and why it's important.
One thing to keep in mind when you're considering getting custom furnishings protected is that not all designs are patented. Many people fail to see that there are many different types of patented furnishings, and therefore they don't know their rights. This can be extremely dangerous for new designers. If you think about furniture design patents, you should understand that there are many different types, including:
o Design patents - These are just one form of patented design. This protects your unique original idea. It doesn't matter if the idea was implemented in some way before, but your designer may have thought about it and got it patented. If they get it done, then you have a legal right to sell it legally in the future. This is especially important if you want to market a newly designed item.
o Design protection - This is a little more involved, but it still protects your design from being copied. There are strict laws that govern this type of furniture design protection. If you design a product and you think someone might use it without your permission, then you have to file a design protection patent. You can't just have it registered. You have to go through a legal process with the United States Patent and Trademark Office.
The most interesting part of this is that you have to have furniture design patents even if the product itself isn't patented. For instance, you could have a very unique table that no one else has and file for design patents. However, if you don't do this, then another company could take your unique design and make a table with even more unique features. The more unique features you add, the more expensive your new table will be.
Another point to remember is that most furniture design patents are only good for 12 years. After that, they become available for public review. During this time frame, anyone can apply for the patent, whether you are the original designer or not. Also, if the original designer is still alive, he can renew your patent. You need to pay attention to this because otherwise, someone could take your patented furniture design and market it illegally.
Now, granted, furniture design patents are wonderful. They are a way to prevent someone from creating an illegal version of a product and stopping it before it ever gets to the market. However, as mentioned above, they aren't something that you can just get out of hand and stop others from doing what they want.
Before you think about furniture design patents, consider whether or not there are other ways that you can protect yourself and your creation. After all, you deserve the right to be paid for your work. So, don't give up searching for that perfect home until you try a few different options.
The first option that many people look into is hiring a professional who can actually get furniture design patents. While this is possible, it isn't always the best idea. While this can help you get a patent, it can also cost you hundreds of dollars. If you aren't comfortable with spending that much money, you may want to just go with purchasing a "wear and tear" patent. This type of patent covers normal wear and tear on the furniture itself, not what has happened to it.
Now that you know a little more about furniture design patents, what should you do next? Most people think that if they are going to pay money to have someone else take care of their idea, then they should be able to patent it. Not so. Once you've secured a patent for your piece of furniture, you can't claim it back. Instead, you should ask the patent office to allow you to apply for a new patent covering new modifications to the original idea. You can also submit new designs for examination.
So, what are furniture design patents? Basically, they are a way for a person to secure their own rights in their own unique designs. This can be beneficial in the future, as you may be able to sell the idea for a huge amount of money. It's always a good idea to talk things over with an attorney before trying to get these items patented so everyone wins. Good luck!
