Using Design Patents to Protect Graphical User Interfaces
One of the most important aspects of software and mobile applications is the user experience, which is closely tied to the graphical user interface (GUI) of the software…
[INDUSTRY]Consumer electronics and devices
We protect how your device works, the look of its housing and screens, and the brand on the box, with one flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
Casey GoldenbergAttorney · Trademarks and Patent ProsecutionTrademarks and patent prosecution, from a scientific background.[01]Who it's for
From a first working prototype to a brand on its third version, the work starts the same way. Find out what is new, then protect it before it is certified, shipped or shown on a crowdfunding page.
Founders building a new gadget, wearable or accessory, protected before the first investor demo or preorder.
Connected devices, speakers and the companion apps that set them up and control them.
Watches, rings, earbuds and trackers, where the sensor, the fit and the screen can each be protected.
Cases, mounts, stands and controllers, where a better fit or a new look is often the invention.
[02]What's protectable
Most devices carry more than one kind of protection. A patent on how it works, design patents on how it and its screens look, and a trademark on its name each stop a different kind of copy.
01Utility patent
The hardware, the mechanism and the features users notice, such as a new hinge, a faster way to pair or longer battery life. Claims are written around what your device does that others on the shelf do not.
02Utility patent
The firmware and app features that make the device work better, claimed as a system and the method it performs, tied to a technical result rather than an abstract idea.
03Design patent
The ornamental shape of the housing and the look of icons and interfaces shown on its screen, each protected for 15 years from grant.
04Trademark
Clear and file the name before it goes on the box, the app store listing and the device itself, so the name customers search for is one you own.
Code and know-how
Copyright protects the code and the artwork in your interface as written. Firmware or a manufacturing process no one can learn from the finished device may be worth more as a trade secret than as a published patent. Your attorney tells you which on your first call.
[03]The flat-fee path
Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most device founders file a provisional before certification testing, a crowdfunding campaign or a trade show, then the full application within 12 months.
01Start here
$999
Patentable or your money back. Credited toward a design or non-provisional application
Report in about 5 days
Not patentable, full refund*02Then
$2.5k–3.5k
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
$7k–12k
Drawings and USPTO filing fees included
Filed before your 12-month deadline
Flat fee, not covered by the guaranteeAlongside the patent
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Certification and launch
A patent decides who can make and sell the device. FCC authorization decides whether a device that uses radio can be marketed in the US, and the record it creates becomes public. The timing of each shapes the other.
PatentWho can make and sell it
LaunchWhen others see it
File before you certify or show
An FCC equipment grant is public, and its external photos and user manual follow once any short-term confidentiality ends. A crowdfunding page or a trade show can make an invention public too. File at least a provisional first.
A device that follows a wireless or media standard may use standard-essential patents owned by others, usually licensed on fair, reasonable and non-discriminatory terms. What you build beyond the standard can still be patented as your own.
What inventors can learn from Apple's patentsThe USPTO grants design patents for icons and graphical interfaces shown on a display screen. Each design patent has one claim to one look, so file the screens customers will recognize.
Design patents for graphical interfacesMany knock-off devices are made abroad. A US patent can support an exclusion order from the International Trade Commission, and a registered trademark can be recorded with US Customs and Border Protection so counterfeits can be stopped at the border.
When device patents stop importsGeneral information, not legal or regulatory advice. Certification, safety and consumer protection requirements depend on the device and where it is sold.
[05]Related services
One firm for the patent, the brand and the agreements around them.
[06]Questions
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallYes. A new device, a better version of a known one, its features and the way it is made can be patented when they are new and not obvious. Electronics is a crowded field, so the claims focus on what your device does that earlier ones do not, which is why the work starts with a search.
Yes, with a design patent. The USPTO accepts icons and graphical interfaces shown on a display screen as designs, and the housing can be protected the same way. A design patent lasts 15 years from grant and covers products that look substantially the same.
Yes, if you can. A crowdfunding page, a preorder, a trade show or a public FCC record can make the invention public. The US gives inventors one year after their own disclosure, but most other countries require filing first. A provisional before launch keeps both options open, and a PCT application within 12 months keeps patent rights abroad open too.
Patents that cover a technical standard, such as a wireless or video format, so any device that follows the standard uses them. Their owners usually commit to license them on fair, reasonable and non-discriminatory terms. If your device follows a standard, plan for those licenses, and patent what you add beyond it.
A registered trademark lets you act against sellers using your brand, through marketplace complaints, a cease and desist letter or a lawsuit, and it can be recorded with US Customs and Border Protection. A granted patent covers devices that copy what it claims, including imports.
Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. A design patent for the housing or a screen is $3,200. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application.
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
One of the most important aspects of software and mobile applications is the user experience, which is closely tied to the graphical user interface (GUI) of the software…
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Explore patents by Apple — how many they hold, what technologies they protect, and what founders can learn from Apple’s IP strategy. Start building your own moat.
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Explore 5 famous examples of trade secrets, from Coca-Cola to Google, and learn how to fit trade secrets into your IP strategy. Book a free IP strategy call.
[08]Client reviews
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“A detailed analysis and report was provided once the search was completed. They answered all of my questions in a timely manner and advised me on the best strategies moving forward.”
“Answered every question I had with a phone call directly.”
“Could not be happier with the customer service and straightforward fixed-fee approach.”
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Talk through your device with a registered patent attorney. The call is free, with no obligation.