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Preparing for a Design Patent Application

On Behalf of | Oct 30, 2020 | Patent Law

There are two different types of patents in the United States, namely utility patents and design patents. Utility patents are intended to protect the methods, devices, and articles of the inventor. In most cases, utility patents are more complicated and complex than design patents.  Entertainers, artists, and others who want to protect their designs can file a design patent. While design patents are often less costly and complicated than utility patents, it is still important that you go through all of the necessary steps when applying for them.

We recommend working with an experienced design patent lawyer who can make sure you file your design patent application in a timely and accurate manner. We have listed the steps for preparing a design patent application below. Once you have read through a design patent application’s components, you will be better prepared to know what you need to address in your application.

Components of a Design Patent Application

There are several different components of a design patent application, and it is wise to make yourself familiar with all of them. The first component is the specification, a written document that includes an introduction to your claim. Specifically, it includes a description of drawing and design and states your single design claim. Next, you will need to include a detailed drawing that shows the appearance of your design. This is an incredibly important component because you will be protecting the design itself, so the drawing needs to showcase your design’s unique assets.

You also need to include the design patent application transmittal, a cover sheet included with your design patent application. If you are the designer, you will need to provide the declaration of a simple oath, the fee application transmittal form, and the filing fee.

The Preamble and the Title

 The specification is the written part of your design patent application. You will describe your design through text before providing a drawing of your design. You will need to include your invention title, which should be placed at the top of your specification section’s first page. You will need to use a name generally known to the public to describe your design in the title.

The USPTO encourages people to use specific and descriptive titles so that the examiner can properly engage in a complete search for any prior art. It will also help the examiner classify your design properly. Finally, it will help the public understand what type of design has been patented.

Keep your title brief, descriptive, and accurate. The title should contain fewer than 500 letters. Many people think they need to include the word new or Improvement in their title. However, we do not recommend doing so. Do not use “a,” “an,” or “the” as the first words in your title.

The preamble for your design patent will state your name, as the applicant, the title of your design, as well as a brief description of the intended use of your design and the nature of the design. Keep in mind that all of the text contained in the Preamble of your design patent application will be printed on the patent itself, should the US Trademark and Patent Office decide to grant you a design patent.

The Figure Descriptions

In this section of your patent application, you will need to describe your drawings that will be included in a subsequent section. Include a figure description for every different view that the drawings of your design represent. For example, include a figure description for the top plan, the perspective you, and the front elevation drawings. Typically, you will only need to include a brief description of the drawings, since drawings are the most accurate way to depict your design. You can include a special description, but doing so is not required.

It is wise to include a description of the appearance of portions of your design that the claims examiner will not be able to see in the drawing itself. Be sure to include descriptions of any part of the design that are not shown in your drawings, and that do not form any part of your claimed design. If you have not included this information in your Preamble, include a description of the environmental use and nature of the claimed design in the section.

A Single Claim

Every design patent application is limited to a single claim. McLane defines the design that you are attempting to patent; you must write your claim in formal terms, such as “The Ornamental design for (the description of your design) is shown.” Make sure you use the same terminology between the title of your invention and the description of your claim.

Drawings and Black and White Photographs

The next section of your design patent is perhaps the most important. You will need to include black and white photographs or drawings of your design. The USPTO is extremely particular when it comes to which types of drawings they accept and prefer. Your design drawing needs to include multiple views so the examiner can get a complete understanding of your design.

Your drawing must be incredibly clear and complete because it will act as the entire visual disclosure of your claim. Do not leave anything up to conjecture. keep in mind that you will need to refer to this drawing in the future when protecting your rights, should the USPTO accept your application. The USPTO prefers that you submit black and white drawings but they will accept color photographs or drawings only after you submit a petition explaining why they are necessary.

Contact an Experienced Design Patent Lawyer Today

As you can see, submitting a design patent is complicated. The best way to ensure your success is to hire an experienced design patent lawyer who will complete an accurate and well-written application on your behalf. Contact the Chicago patent lawyers atAU LLC today to schedule your initial consultation and learn how we can help you.