Here are just a few of the instances that you would file a design patent.

Why File Design Patents?

Every good prototype design firms knows your invention deserves to be protected. Your blood, sweat, and tears went into it, and it’s better to be safe than sorry for protecting it. A design patent protects the way your product looks where a utility patent protects how a product works. However, some people skip the step of protecting their designs.

Patenting with Your Prototype Design Firm

After your prototype design firm completes the look of your invention, it’s time to file the design patents. This can include one patentable design per patent. Which means often times designers will get multiple patents for each prototype design they create. Design patents help protect you against other designers copying your product and also prevent secondary parties from making compatible replacement parts for your product.

Our prototype design firm helped Festken create their product.
Our client Festken filed a design patent for their new water bottle and the four-finger design.

A popular example of an infringement case for design patents is between well known, Fortune 500 brands, Apple and Samsung that we saw make headlines last year. Although when you compare the number of design patents issued for prototype designs versus the number of infringement suits filed, the numbers are low.

If you ever get caught up in one of these suits, it can be extremely damaging to your product. So it’s better to be protected! Make sure to discuss with your prototype design firm your patent intentions with your invention.

Our prototype design firm designed and helped patent this product.
Festken: The patented product MAKO Design + Invent developed for our brilliant client at a music festival.

So should you have your prototype design patented? Here are some areas that would require you to get a design patent:

  • Measuring, testing or signal instruments
  • Recording, communication or information retrieval equipment
  • Photography and optical equipment
  • Medical and laboratory equipment
  • Lighting

Now, where do you start? Our prototype design firm provides patenting services through our partner patent attorneys, who will walk you through all the steps to filing a design patent for your prototype design. They will provide you with advice on the type of patent you should be looking at and conduct research to ensure there aren’t similar patents.

About: MAKO Design + Invent is the original firm providing world-class consumer product development services tailored to startups, small manufacturers, and inventors. Simply put, we are the leading one-stop-shop for developing your physical product from idea to store shelves, all in a high-quality, cost-effective, and timely manner. We operate as one powerhouse 30-person product design team spread across 4 offices to serve you (Austin, Miami, San Francisco, & Toronto). We have full-stack in-house industrial designmechanical engineeringelectrical engineeringpatent referralprototyping, and manufacturing services. To assist our startup and inventor clients, in addition to above, we help with business strategy, product strategy, marketing, and sales/distribution for all consumer product categories. Also, our founder Kevin Mako hosts The Product Startup Podcast, the industry's leading hardware podcast. Check it out for tips, interviews, and best practices for hardware startups, inventors, and product developers. Click HERE to learn more about MAKO Design + Invent!


  1. Eric Johnston

    December 13, 2017 at 11:23 am

    I have the basis of an idea for the world of junior hockey. How may I proceed to explain the basics; (materials, technologies involved etc) …. and just own the rights to “the idea” and share the potential profits with someone like Mako, or the ultimate final Investor?

    • MAKO Design + Invent

      December 13, 2017 at 11:38 am

      Hi Eric, thanks for reaching out! We would be happy to take a confidential look at your project and see if we can help. Please email and we’ll get back to you within 1 business day. Cheers, Team MAKO.


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