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Benefits of Design Patents for Amazon Sellers

Fri Apr 15, 2022 Patents

A patent, in its simplest form, is a monopoly granted by the United States Federal Government to an inventor, enabling the inventor to exploit the benefits of his or her creativity. In other words, the patent holder has the right to decide who may, or may not, use the patented invention for the period during which the invention is protected. Therefore, the patented invention cannot be commercially made, used, distributed, imported, or sold by others with the patent holder’s consent. 

While you may realize that you need the protections offered by a utility patent (a patent for inventions), you may be unfamiliar with the protections offered by design patents. However, at ESQgo, we are seeing an influx of e-commerce sellers, specifically Amazon sellers, consulting with an Amazon seller lawyer at our firm regarding the benefits of a design patent. Specifically, they are utilizing design patents to create a “monopoly” for their products.

For sellers on Amazon, there are a multitude of benefits offered by a design patent. Our Amazon seller lawyer lists the most relevant ones. 

  • A design patent is easier to create than a utility patent. While they do require some level of creativity, it is well worth the time invested by you and your team in differentiating your product.
  • A design patent is typically granted more quickly than a utility patent by the United States Patent & Trademark Office (USPTO). On average, it takes 18 months for design patents compared to 36 months for utility patents. 
  • A design patent is considerably more affordable than a utility patent, generally costing  25% of the cost of a utility patent. Even so, they are just as valuable.
  • A design patent provides a 15-year “monopoly”.
  • A design patent can be sold independently of your actual business.
  • Design patents are easier than utility patents to enforce for Amazon. 

Consult With An Amazon Seller Lawyer at ESQgo

If you have created a unique product that you believe could benefit from the protections offered by a design patent, contact our firm to schedule a consultation with an Amazon seller lawyer.