Patents and Intellectual Property: What Product Creators Need to Know

Bringing a new product into the world isn’t just about aesthetics and function — it’s also about ownership. Protecting your ideas through Intellectual Property (IP) and patents is crucial if you want to maintain a competitive edge, avoid copycats, and retain the right to commercialize your innovation.

But what exactly do those terms mean? And how do they apply to industrial design?

IP vs. Patents: What’s the Difference?

Intellectual Property is the broader category. It refers to creations of the mind — everything from your product idea to its logo, user manual, interface layout, or the shape of the object. In industrial design, almost every part of the design process touches on IP in one form or another.

A patent is one specific tool to protect your IP — specifically, an invention. It's a legal mechanism that grants you exclusive rights to your idea, preventing others from making, using, or selling it without your permission.

So, in short, IP is the idea, creation, or design, and a Patent is the protection of that IP (if applicable).

Why Does It Matter?

Filing for a patent doesn’t just protect your product — it protects your business. A granted patent gives you a monopoly over your invention for a set time, allowing you to control its use, licensing, and commercialization. It’s also a powerful asset when pitching to investors, entering partnerships, or negotiating licensing deals.

In a market where design and function are everything, IP protection can be a key differentiator.

Types of Patents (and Trademarks)

When it comes to protecting a product, not all patents are created equal. Understanding the different types helps you choose the right strategy:

• Utility Patent: Protects how something works. Think technical mechanisms, processes, or functional innovations.

  Lasts up to 20 years from filing.

  Example: A new folding mechanism in a piece of furniture.

  
  

• Design Patent: Protects how something looks. Think shapes, contours, patterns, or ornamental design.

  Lasts 15 years from grant date (in the U.S.).

  Example: The unique silhouette of a kitchen appliance.

  
  

• Provisional Patent Application: A temporary, low-cost placeholder. It gives you 12 months to refine your product and file a formal utility patent — all while locking in your priority date and allowing you to use the phrase “patent pending.”

  
  

And what about product names or logos? Those typically fall under trademark law — another subcategory of IP that protects brand identity rather than functionality or design.

Who Owns the IP — and Who Files the Patent?

Who owns the intellectual property in our projects? It all comes down to how the project is structured. As a rule of thumb, if you came up with the idea, the IP belongs to you (or your company)—unless there’s an agreement that says otherwise. From there, rights can be transferred or licensed, depending on what’s been agreed.

Sometimes the client takes the lead, filing and paying for the patent—especially when they’ve commissioned the work and own the IP outright. Other times, it’s the designer or inventor who handles it, particularly when the idea was self-initiated or developed together.

Bottom line: It depends. That’s why it’s so important to make ownership and filing responsibilities crystal clear in your contracts from the start.

What Does It Cost to File a Patent?

When it comes to patent costs, there’s no one-size-fits-all answer—it really depends on the type of protection you need and where you’re filing. For the U.S. market, design patents typically start around $1,000 to $5,000, while utility patents can range from $5,000 to $25,000 or more. If you're just getting started, a provisional patent is a more budget-friendly option, often coming in under $1,500.

Thinking globally? International filings can get pricey, especially if you're protecting your idea in multiple countries. The Patent Cooperation Treaty (PCT) can streamline the process, but it still comes with added fees. Planning ahead is key.

Tips for Clients Considering IP Protection

• Start with a provisional patent if you're still developing the idea — it buys you time while securing your priority date.

• Do your research. The USPTO (U.S. Patent and Trademark Office) has a searchable database: www.uspto.gov

• Think ahead. A strong patent can become a valuable business asset — not just legal protection.

• Talk to the experts. We’ve helped clients file numerous patents and navigate these complexities. The earlier you involve us, the better we can shape your product for protection.

  
  

Final Thoughts

When bringing a new product to life, protecting your ideas is just as important as designing how it looks or works. Intellectual Property (IP) covers everything from your concept to your product’s appearance and branding. A patent is one way to protect that IP — offering exclusive rights to your invention and keeping competitors at bay. Whether you're developing a standout design or a technical innovation, understanding your options early on can give your product — and your business — a real edge. Let us guide you through the process and ensure you reap the commercial benefits from your idea.