Design patents which protect the novel, decorative, ornamental features of an object.  Sometimes they are more protective than utility patents.  A key aspect of a design patent application are the drawings submitted in the application.  We strongly recommend you review closely the publication from the USPTO entitled 'Design Patent Application Guide' before preparing a design patent application. 

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Identifying the Invention:  

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Identify and draw only the novel features(s).

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Contents of a Design Patent Application filing:

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There are four elements of a design patent application:

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• A title;

• A written description of the invention;

• A claim statement; one claim;

• A complete set of drawings;  and,

• the USPTO filing fee;

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The application is submitted with the following items:

• Application Data Sheet;

• Micro Entity form(s) If applicable; and,

• an Oath.

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Practice Tips:

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A Title:  3 to 6 words

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A Written Description:  The written description in a design patent application consists on Figure descriptions. 

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Claim: A single sentence: I claim: The ornamental design for a (insert title here), as shown.

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Listing all the Inventors in the Design Patent Application: All design patent applications must be filed in the name of all the inventor(s) (called co-inventors) . All of the co-inventors  must be listed on the Application Data Sheet, and an Oath must be signed and submitted for each co-inventor.  

 

Micro Entity vs Small Entity:  Determine if all inventors qualify as a Micro Entity or a Small Entity. In order to qualify as a Micro Entity, all of the inventors must sign and submit a Micro Entity form.  

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Single or Multiple Embodiments:  A common question that comes up is: "Can multiple embodiments for a product be shown and covered by a single design patent application?"  The answer is yes, so long as the differences between the embodiments in the design patent are minor differences, not patentably distinct and would be obvious in view of the prior art.   Since the life of design patent is 15 years from the date of issuance (not the filing date that applies to utility patents), we recommend that if you are unsure if the differences between embodiments are minor, you should include multiple embodiments in a single design patent application  and see if the Examiner issues an restriction election.  If he does, then you'll be force to elect one of them.  The non-elected embodiments can then be resubmitted in a divisional patent application. 

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Drawing Issues:  Problems with the drawings cause the greatest number of rejections due to figures inconsistencies, improper shading or objects that include recesses, cutouts or grooves that are hard to see in plan and elevational views.  Views that show depths or three dimensional drawings may be required.  If the depth or three dimensional configuration can not be determined from the Figs, then the feature must be shown in 'broken line' format and acknowledged in the specification.  ("The broken lines in the figures are include for the purpose of illustrating portions of the article which form no part of the claimed design.")

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Contact our Patent Navigator at info@file1st.com or (877) 227-1565 for assistance.

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