Table Of Content
If you and any other rights holder in your invention qualify as a small entity under 37 CFR 1.27(a) as an independent inventor, small business concern, or nonprofit organization, most fees are reduced by half by claiming small entity status. Following publication, the application is no longer held in confidence by the USPTO, and anyone may request access to the entire file history of the application, and view the application on the USPTO website. All application documents must be in English, or a translation into English will be required, along with a fee set in 37 CFR 1.17(i). Fees charged to you by attorneys and agents for their professional services are not regulated by the USPTO. Definite evidence of overcharging may prompt USPTO action, but the agency rarely intervenes in fee disputes. If you move after you have filed your application, make sure you tell the USPTO what your new address is.
Utility Patent
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Drawings are the focal point of the design patent application process. Simply put, design patents protect the way an article looks, as opposed to utility patents, which protect the way that an article works or is used. The design patent application contains a specification and drawings. The specification contains a simple statement claiming “a design as shown in the drawings” and a generic description of the various drawings. The generic description of the drawings is a simple labeling of the views that are shown.
The Figure Descriptions
This information includes the name, residence, mailing address, and citizenship of each applicant (§ 1.41(b)). The name of each applicant must include the family name, and at least one given name without abbreviation together with any other given name or initial. If the applicant is not an inventor, this information also includes the applicant' s authority (§§ 1.42, 1.43, and 1.47) to apply for the patent on behalf of the inventor. (B) shall, if such composition of matter is claimed in another patent, be set to expire on the same date as such other patent, notwithstanding section 154.
Design patent application guide
The specification should include a complete, detailed description of the plant and the characteristics distinguishing it from related known varieties, and its antecedents. The law also provides for the granting of a patent to anyone inventing or discovering and asexually reproducing any distinct and new variety of plant. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state. The AIA (America Invents Act) Inventor’s Oath or Declaration Quick Reference Guide is also available. These numbers must be placed in the middle of the top of the sheet, not in the margin.
Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views.
WIPO Lex is a global database that provides free of charge access to legal information on intellectual property (IP), including IP laws and regulations, WIPO-administered and IP related treaties, and leading judicial decisions on IP. (b) The oath or declaration required of the applicant must comply with § 1.63. (2) A marked-up copy of any amended drawing figure, including annotations indicating the changes made, must be provided when required by the examiner. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. (4) The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts. Suitable descriptive legends may be used subject to approval by the Office, or may be required by the examiner where necessary for understanding of the drawing.
Design patent cost and registration time
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This is to correct inaccuracies of description and definition or unnecessary words, and to provide substantial correspondence between the claims, description, and drawings. You will be able to amend the application or argue against the examiner's objections/rejections. If your response, including amendments, to the First Action on the Merits overcomes all objections/rejections, the examiner will issue a notice of allowance, and a patent will be published after payment of the issue fee. A working model, or other physical exhibit, is not ordinarily required, since the description of the invention in the specification and drawings must be full, clear, and complete enough to understand the invention without the aid of a model. A working model may be requested in applications for alleged perpetual motion devices.
Beyond those basics, the differences mount considerably between jurisdictions. For example, a U.S. design patent application requires you to make a claim — as you would for a utility patent, but referring to ornamentation — while the European Union Intellectual Property Office (EUIPO) does not. The USPTO also demands more written descriptive detail than its European Union counterpart as the latter does not ask for descriptions of the design's visual examples. Though the general classification for this type of IP is "industrial design right," the name does not imply any restriction to non-consumer goods. As mentioned, "design patent" is the terminology used in the United States as the registration procedure is roughly analogous to that for utility patents, albeit with a slightly shorter processing time.
With reference to tuber propagated plants, for which a plant patent cannot be obtained, the term "tuber" is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants covered by the term "tuber propagated" are the Irish potato and the Jerusalem artichoke. This exception is made because this group alone, among asexually reproduced plants, is propagated by the same part of the plant that is sold as food. What a design or utility patent protects depends on the patent’s claim scope.
If there is a lack of appropriate surface shading, the contour may be considered “non-enabling” under 35 U.S.C. § 112. The drawing is the most important part of a design patent application. It may be helpful to hire a professional who specializes in preparing design patent drawings. Since these drawings are the most important part of the design patent application, you may want to consider paying a professional around $600 for high-quality drawings.
The only way to avoid the additional $400 fee is by filing electronically. For more information, see A Guide to Filing a Utility Patent Application. The required oath or declaration and the statements required for other applications must include a statement that you, the inventor, have asexually reproduced the new plant variety.
If color photographs are submitted, but the color is not part of the claimed design, you will need to add a disclaimer. Moreover, in today’s media environment, journalists, bloggers, and even conference organizers will likely post or tweet your design before you may have even put it on your own website. Once the genie is out of the bottle, it is not possible to put it back in. The drawings may also convey the environment in which the product is used, but it should be made clear that this is not a part of the design being protected by the design patent. For example, the frame of a bicycle would constitute part of the environment for a patented rear suspension of a mountain bicycle. The environment is included to bring context to the part being protected by a design patent.
Submitting the basic filing fee or the cover sheet on a date later than the filing of the provisional application requires a surcharge. Unlike nonprovisional utility applications, design, plant, and provisional applications can still be mailed or hand-delivered without paying the additional $400 non-electronic filing fee, and can also be filed via Patent Center. When writing your design patent application, you will need to be able to prove that your design will qualify under patent protection. It is important to remember that the design patent does not protect the actual invention itself, but the way that the invention looks.
The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art.
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