A Design includes the visual ornamental characteristics, applied, or used in a manufactured article. A design is judged by its appearance. Thus, the subject matter of a design patent application relates to the configuration, surface ornamentation applied to an article, or a combination of any of the two.
The United States Patent and Trademark Office (USPTO) grants patent to a person who has invented any new, original and ornamental design for a manufactured article. Under the patent law, only the appearance of the article is protected and not the structural or utilitarian features.
Design patent application process
Preparing the design patent application requires the knowledge of patent law and rules and familiarity with the practice and procedures of the USPTO. Hence, a patent attorney or agent can help the applicant in securing a strong protection.
Filing an application
• The applicant must present a set of drawings that illustrates the design being claimed. The applicant must ensure that the drawings are complete and presented in the highest quality. Making changes in the drawings after the application is filed can lead to the rejection of your design patent application.
• The applicant should file the complete design patent application and submit it to the USPTO with the prescribed fees.
• When the application along with the fees is received by USPTO, it is assigned an application number and a filing date. The application is then sent for examination and a filing receipt is sent to the applicant.
Documents required
• Application data sheet (when claiming priority).
• An executed oath or declaration.
• Specification of design with one claim.
• Drawings of the design.
• Power of Attorney should be filed before the grant of patent.
• During design registration, a priority document can be filed at any time, upto the date of payment of the issue fee. The deadline to file a design application claiming conventional priority is 6 months from the date of priority.
Examination
The examiner checks the application for all formalities and completeness of the application. The examiner checks whether the claimed subject matter matches with issued patents or published materials. If the application is not patentable, the examiner will reject the claim and issue an office action. Here, the examiner will give reasons for the rejection of the application. The examiner may also recommend some amendments to the application. Once the subject matter is found to be patentable, the application is allowed.
Response
The applicant may choose to continue prosecution of the application after receiving the office action. The applicant in response, must submit a timely reply to the action. The reply should include a request for further examination of the claim, along with any amendments proposed by the applicant. The reply should point out the errors made in the office action and should address every objection and rejection.
A reply to the office action, should include the following items:
• An application number.
• Group art unit number.
• The date of filing.
• The name of the examiner who prepared the office action.
• The title of the invention.
Reconsideration:
Once the applicant submits the reply to an office action, the application is reconsidered. The examiner further examines the applicant’s reply and either allows or reject the application. If the examiner is not persuaded by the amendments in the reply, then a final rejection is given. Thereafter, the applicant can file an appeal with the Patent Trial and Appeal Board (PTAB). The applicant can also file a new application before abandoning the original application. This will give the applicant the benefit of the earlier filing date and allow continued prosecution of the claim.
