Drafting and Filing Design Patent USPTO

Design patent application should include the following:

  1. Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied
  2. Cross-reference to related applications (unless included in the application data sheet)
  3. Statement regarding federally sponsored research or development
  4. Description of the figure(s) of the drawing
  5. Feature description
  6. A single claim
  7. Drawings or photographs
  8. Executed oath or declaration
  9. Government Fee

Obtaining a design patent protection in the US involves the following steps:

  • A design patent application is filed with USPTO
  • The application is examined by the USPTO Examiner
  • The design Patent Examiner may issue one or more Office Actions. It is also possible that no Office Action is issued.
  • If there is an Office Action by the examiner it must be responded by the applicant
  • The USPTO mails a Notice of Allowance and Issue Fee Due
  • The Issue Fee is paid
  • The design patent is granted

When an application is filed using color drawings or color photographs, the applicant will need to explain whether the use of color is being claimed.  USPTO design patent procedure permits filing a design application with informal drawings and the applicant may file formal drawings at a later time.

Intellectual Property Logium provides complete services for the drafting a design patent application and filing it with USPTO.

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