How to Apply for a Design Patent with Pictures
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For example, if the claim is only towards surface ornamentation, broken lines must be used to show the object. The broken lines should not intrude on the claimed design and cannot be heavier lines than the lines for the claimed design. A separate broken line figure should be used if the broken line obscures a clear understanding of the design. The Global Design database enables simultaneous searches via a single, intuitive interface across all international industrial designs registered under the Hague System as well as in participating national collections. Missing information or items results in an official letter from the USPTO notifying you of what’s missing. Once your application is accepted as complete, it will be assigned for examination.
F. Do you need international protection?
As far as Elsner understands there’s only the Qvist patent application in Europe and the United States, meaning if a patent is granted Qvist will have a relatively straightforward path to blocking import. Patent examiners review your application as assigned to units specializing in the broad and specific subject areas that best cover your invention. After reviewing your application, examiners grant or deny the patent request.
How a Design Patent Works
Lead lines are required for each reference character except for those, which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. This information includes the name (either person or juristic entity) and address of the assignee of the entire right, title, and interest in an application.
What Is a Design Patent?
Such officers must prove their authority by a certificate of a U.S. diplomatic or consular officer. The oath or declaration must always be attested by the proper official seal of the presiding officer. You (the inventor) or your legal representative may apply for a patent, with some exceptions. These include if the inventor has died, is legally incapacitated, refuses to apply, or cannot be found. Two or more people inventing something together may apply for a patent as joint inventors. A person (e.g., a company) to whom an inventor has assigned an invention, or to whom the inventor is obligated (e.g., contractually required) to assign an invention, may also apply for a patent.
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The oath or declaration required of the applicant must comply with the requirements set forth in 37 CFR §1.63. Samsung misinterpreted this design patent and ended up paying the price. The cunning move by Apple was to make the back of their design a dotted line – meaning it wouldn’t be covered by the design patent. If they wouldn’t have made that move, the different back of the Samsung smartphone design would have meant that the two models couldn’t be called ‘substantially similar’. The same is true of the circular home button and the upper front camera panel – if one of those had been included as solid lines in the patent, then the overall Samsung design probably wouldn’t have infringed upon the iPhone design patent.
Utility patents
If an examiner denies your patent, you can appeal the decision to a special board. The USPTO also helps protect IP worldwide for inventors like you by working to include strong IP provisions in all international agreements. It also promotes worldwide respect for IP and encourages U.S. trading partners to take IP enforcement seriously. If you only contribute money but are not the inventor or co-inventor, you cannot be named as an inventor or co-inventor in the patent application.
(2) Cross-reference to related applications (unless included in the application data sheet). If an amendment is made to a provisional application, however, it must comply with the provisions of this section. Any amendments to a provisional application shall be placed in the provisional application file but may not be entered. Lead lines are those lines between the reference characters and the details referred to. Such lines may be straight or curved and should be as short as possible. They must originate in the immediate proximity of the reference character and extend to the feature indicated.
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You will have to pay fees to your attorney for managing this process. When filing a provisional patent application, you are not applying for the final patent, but rather a temporary one that will give you patent-pending status. This is the ideal option for someone who wants to protect their inventions while they finish fine-tuning it. A provisional patent can also be a significantly smaller investment, with fees as low as $65 for micro entities, $130 for small entities, and $260 for a large company.
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Photographs, including photocopies, are not ordinarily permitted in utility and design patent applications. They will only be permitted if they are the only practical medium for illustrating the claimed invention. Color photographs will be accepted if the conditions for accepting color drawings and black-and-white photographs have been satisfied.
Where a view is not seen in ordinary use (such as the bottom of a large object, like a refrigerator or car), the application may omit this view, provided that an appropriate explanation is included in the specification. Only one claim is permitted in a design patent, following a set form. The Locarno Classification is an international system used to classify goods for the purposes of the registration of industrial designs. If timely payment of fees is not made, the application will be regarded as abandoned (see the current USPTO fee schedule). Late fees may be accepted if the delay is shown on petition to be unintentional.
The genes, traits, and parts of a plant, as well as varieties, may also be protected with a utility patent. Drawings are to be initially filed with the rest of your application and can be submitted electronically using tools such as Patent Center or via certified mail. They will be reviewed to ensure compliance to USPTO rules and that they accurately show the invention described.
There is no maintenance fee, but there is a filing fee, a search fee, and an examination fee. If you are an independent inventor or a small entity, the fees are halved. The Hague Express database is a first step in industrial design searches. The database provides information, updated weekly, on current and past industrial designs registered under the Hague System. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color. In a legal sense, an industrial design constitutes the ornamental aspect of an article.
The invention must not have been or become the subject of an application filed in a foreign country requiring publication 18 months after filing (or earlier claimed priority date) or under the Patent Cooperation Treaty. In filing a patent application and paying required fees, the USPTO provides forms and an electronic filing tool. You may also wish to find a patent attorney or agent to help draft the required description of the invention and claims, and any required drawings. If, after receiving an Office action, applicant elects to continue prosecution of the application, a timely reply to the action must be submitted. This reply should include a request for reconsideration or further examination of the claim, along with any amendments desired by the applicant, and must be in writing. The reply must distinctly and specifically point out the supposed errors in the Office action and must address every objection and/or rejection in the action.
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