A Guide to Filing a Design Patent Application

8/2/2019 A Guide to Filing a Design Patent Application

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A Guide to Filing

A Design Patent Application


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A Guide To Filing A De

A Guide to Filing

A Design Patent Application

s Definition of a Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Types of Designs and Modified Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Difference Between Design and Utility Patents. . . . . . . . . . . . . . . . . . . . . . . . . .

s Improper Subject Matter for Design Patents . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Invention Development Organizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Elements of a Design Patent Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s The Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s The Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s The Figure Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s A Single Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Drawings or Black & White Photographs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Color Drawings or Photographs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s The Views. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Surface Shading and Drafting Symbols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Broken Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s The Oath or Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


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A Guide To Filing A Design Patent Application

s Drawing Examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Symbols for Draftsmen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Patent Laws That Apply to Design Patent Applications . . . . . . . . . . . . . . . . . . . . . . .

s Rules That Apply to the Drawings of a Design Patent Application . . . . . . . . . . . . . .

s Sample Specification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


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Definition of a Design

A

design consists of the visual ornamental

characteristics embodied in, or applied to, an

article of manufacture. Since a design is

manifested in appearance, the subject matter of a

design patent application may relate to the

configuration or shape of an article, to the surface

ornamentation applied to an article, or to the

combination of configuration and surface

ornamentation. A design for surface ornamentation is

inseparable from the article to which it is applied and

cannot exist alone. It must be a definite pattern of

surface ornamentation, applied to an article of

manufacture.

In discharging its patent-related duties, the United

States Patent and Trademark Office (USPTO or

Office) examines applications and grants patents on

inventions when applicants are entitled to them. The

patent law provides for the granting of design patents

to any person who has invented any new, original andornamental design for an article of manufacture. A

design patent protects only the appearance of the

article and not structural or utilitarian features. The

principal statutes (United States Code) governing

design patents are:

35 U.S.C. 171

35 U.S.C 17235 U.S.C. 173

35 U.S.C. 102

35 U.S.C. 103

35 U.S.C. 112

The following additional rules ha

in this guide:

37 CFR 1.3

37 CFR 1.63

37 CFR 1.76

37 CFR 1.153

37 CFR 1.154

37 CFR 1.155

A copy of these laws and rules is

of this guide.

The practice and procedures r

applications are set forth in ch

Manual of Patent Examining P

Inquiries relating to the sale of th

directed to the Superintendent of D

States Government Printing Of

D.C. 20402. Telephone: 202.512.1

Types of Designs and

Modified Forms

An ornamental design may be em

article or only a portion of an

ornamentation applied to an arti

directed to just surface ornamenshown applied to an article in the

article must be shown in broken l

part of the claimed design.

A design patent application may

A Guide To Filing A Design Patent ApplicaU.S. Department of Commerce s Patent and Trademark Office s Washingt


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though they are related articles. For example, two

vases having different surface ornamentation

creating distinct appearances must be claimed in

separate applications. However, modified forms, or

embodiments of a single design concept may be filed

in one application. For example, vases with only

minimal configuration differences may be

considered a single design concept and both

embodiments may be included in a single

application. An example of modified forms appears

at the bottom of Page 16.

The Difference Between Design

and Utility Patents

In general terms, a utility patent protects the way

an article is used and works (35 U.S.C. 101), while a

"design patent" protects the way an article looks (35

U.S.C. 171). Both design and utility patents may be

obtained on an article if invention resides both in its

utility and ornamental appearance. While utility and

design patents afford legally separate protection, the

utility and ornamentality of an article are not easily

separable. Articles of manufacture may possess both

functional and ornamental characteristics.

Improper Subject Matter for

Design Patents

A design for an article of manufacture that is

dictated primarily by the function of the article lacks

ornamentality and is not proper statutory subject

matter under 35 U.S.C. 171. Specifically, if at the

time the design was created, there was no unique ordistinctive shape or appearance to the article not

dictated by the function that it performs, the design

lacks ornamentality and is not proper subject matter.

In addition, 35 U.S.C. 171 requires that a design to

be patentable must be original. Clearly a design

th t i l t ll k t ll i

Invention Development

Organizations

Invention Development Organizatioprivate and public consulting an

businesses that exist to help invento

inventions to market, or to otherwise p

ideas. While many of these orga

legitimate, some are not. Be wary of a

willing to promote your invention or p

making a detailed inquiry into the mer

and giving you a full range of optionsmay not include the pursuit of pate

Some IDOs will automatically recom

pursue patent protection for your id

regard for the value of any patent that m

issue. For example, an IDO may recom

add ornamentation to your product in

it eligible for a design patent, but not

to you the purpose or effect of su

Because design patents protect only t

of an article of manufacture, it is

minimal differences between simila

render each patentable. Therefore, ev

may ultimately receive a design pa

product, the protection afforded by suc

be somewhat limited. Finally, you s

aware of the broad distinction betwe

design patents, and realize that a desi

not give you the protection desired.

Elements of a Design

Patent Application

The elements of a design patent applinclude the following:

(1) Preamble, stating name of the app

the design, and a brief description

and intended use of the article

design is embodied;


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In addition, the filing fee set forth in 37 CFR

1.16(f) is also required. If applicant is a small

entity, (an independent inventor, a small business

concern, or a non-profit organization), the filing fee

is reduced by half.

The Preamble

The Preamble, if included, should state the name of

the applicant, the title of the design, and a brief

description of the nature and intended use of the

article in which the design is embodied. All

information contained in the preamble will be printed

on the patent, should the claimed design be deemed

patentable.

The Title

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. It further aids in the proper assignment

of new applications to the appropriate class, subclass,

and patent examiner, as well as the proper

classification of the patent upon allowance of the

application. It also helps the public in understanding

the nature and use of the article embodying the

design after the patent has been published. Thus,

applicants are encouraged to provide a specific and

descriptive title.

The Figure Descriptions

The Figure Descriptions indicate what each view of

the drawings represents, i.e., front elevation, top

plan perspective view etc

In addition to the figure descripti

types of statements are per

specification:

1. A description of the appearanceclaimed design which are not

drawing disclosure (i.e., the rig

view is a mirror image of the le

2.Description disclaiming portion

shown, that form no part of the

3.Statement indicating that a

illustration of environmental

drawing is not part of the be patented.

4.Description denoting the nature

use of the claimed design, i

the preamble.

A Single Claim

A design patent application may on

claim. The claim defines the desig

wishes to patent, in terms of the a

embodied or applied. The claim

terms to The ornamental desig

which embodies the design or to w

as shown. The description of the

should be consistent in terminolo

the invention.

When there is a properly included

of the design in the specifica

showing of modified forms of th

descriptive matter has been

specification, the words and des

added to the claim following the tclaim should then read The orna

(the article which embodies the de

is applied) as shown and describe


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drawing or photograph constitutes the entire visual

disclosure of the claim, it is of utmost importance

that the drawing or photograph be clear and

complete, that nothing regarding the design sought to

be patented is left to conjecture. The design drawingor photograph must comply with the disclosure

requirements of 35 U.S.C. 112, first paragraph. To

meet the requirements of 35 U.S.C. 112, the

drawings or photographs must include a sufficient

number of views to constitute a complete disclosure

of the appearance of the design claimed.

Drawings are normally required to be in black ink onwhite paper. Black and white photographs, in lieu of

drawings, are permitted subject to the requirements

of 37 CFR 1.84(b)(1) and 1.152. Applicant should

refer to these rules, included at the end of this guide.

These rules set forth in detail the requirements for

proper drawings in a design patent application.

Black and white photographs submitted on doubleweight photographic paper must have the drawing

figure number entered on the face of the photograph.

Photographs mounted on Bristol board may have the

figure number shown in black ink on the Bristol

board, proximate the corresponding photograph.

Black and white photographs and ink drawings must

not be combined in a formal submission of the visualdisclosure of the claimed design in one application.

The introduction of both photographs and ink

drawings in a design application would result in a

high probability of inconsistencies between

corresponding elements on the ink drawings as

compared with the photographs. Photographs

submitted in lieu of ink drawings must not disclose

environmental structure but must be limited to theclaimed design itself.

Color Drawings or

Color Photographs

accurately depicts the subject matter

color drawings or photographs, and th

must contain the following langua

description of the drawings:

The file of this patent contains a lea

executed in color. Copies of this pa

drawings will be provided by the

Patent and Trademark Office upo

payment of the necessary fee.

If color photographs are submitted

drawings and the applicant does no

color to be part of the claimed design

should be added to the specification as

color shown on the claimed design

thereof. Color will be considered an

the disclosed and claimed design in th

disclaimer filed with the original a

disclaimer may only be used whe

photographs as informal drawings, as 3

requires that the disclosure in formal p

limited to the design for the article cla

The Views

The drawings or photographs shou

sufficient number of views to complete

appearance of the claimed design, i

right and left sides, top and bottom

required, it is suggested that perspec

submitted to clearly show the appeara

of three-dimensional designs. If a pe

is submitted, the surfaces shown woul

be required to be illustrated in other

surfaces are clearly understood and ful

the perspective.

Views that are merely duplicates of

the design or that are merely flat a

ornamentality may be omitted from

the specification makes this explicit


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include structure that is clearly not flat. In some

cases, the claim may be directed to an entire article,

but because all sides of the article may not be visible

during normal use, it is not necessary to disclose

them. A sectional view which more clearly bringsout elements of the design is permissible, however a

sectional view presented to show functional features,

or interior structure not forming part of the claimed

design, is neither required nor permitted.

Surface Shading

The drawing should be provided with appropriate

surface shading which shows clearly the character

and contour of all surfaces of any three-dimensional

aspects of the design. Surface shading is also

necessary to distinguish between any open and solid

areas of the design. Solid black surface shading is

not permitted except when used to represent the color

black as well as color contrast. Lack of appropriatesurface shading in the drawing as filed may render

the shape and contour of the design nonenabling

under 35 U.S.C. 112, first paragraph. Additionally, if

the shape of the design is not evident from the

disclosure as filed, addition of surface shading after

filing may be viewed as new matter. New matter is

anything that is added to, or from, the claim,

drawings or specification, that was neither shown norsuggested in the original application (see 35 U.S.C.

132 and 37 CFR 1.121, at the end of this guide).

Broken Lines

A broken line disclosure is understood to be for

illustrative purposes only and forms no part of the

claimed design. Structure that

claimed design, but is considered

the environment in which the desi

represented in the drawing by b

includes any portion of an article iis embodied or applied to that is n

of the claimed design. When the

just surface ornamentation for an a

which it is embodied must be show

In general, when broken lines are

not intrude upon or cross the show

design and should not be of heavilines used in depicting the claime

broken line showing of environme

necessarily cross or intrude upon

of the claimed design and

understanding of the design, su

should be included as a separate f

the other figures which fully di

matter of the design.

The Oath or Declaration

The oath or declaration required

must comply with the requireme

CFR 1.63.

Disclosure Examples

So that the applicant will better

constitutes a complete disclos

drawing disclosures and the

specifications are provided on the


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Disclosure Examples

Example 1-Disclosure Of The Entire Article

Specification

I, John Doe, have invented a new design for a

jewelry cabinet, as set forth in the following

specification. The claimed jewelry cabinet is

used to store jewelry and could sit on a bureau.

Fig. 1 is a front elevational view of a

jewelry cabinet showing my new

design;

Fig. 2 is a rear elevational view thereof;

Fig. 3 is a left side elevational view

thereof;

Fig. 4 is a right side elevational view

thereof;

Fig. 5 is a top plan view thereof; and

Fig. 6 is a bottom plan view thereof.

I claim: the ornamental design for a jewelry

cabinet as shown.

Drawing Disclosure


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Disclosure Examples

Example 2-Disclosure of only the surfaces of an

article that are visible during use (no bottom view

or description necessary)

Specification



specification. The claimed jewelry cabinet

is used for storing jewelry and could sit on

a bureau.



design;

Fig. 2 is a rear elevational view thereof;


thereof;


thereof;

Fig. 5 is a top plan view thereof.


cabinet as shown.

Drawing Disclosure


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Disclosure Examples

Example 3-Disclosure of only the surfaces of an

article that are visible during use - The rear view

disclosed by description

Specification



specification. The claimed jewelry cabinet is

used for storing jewelry and could sit on a

bureau.



design;


thereof;


thereof; and

Fig. 4 is a top plan view thereof.

The rear of the jewelry cabinet is flat and

unornamented.


cabinet as shown and described.

Drawing Disclosure


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Disclosure Examples

Example 4-Disclosure of a surface pattern as

claimed design, applied to an article

Specification


surface pattern applied to a jewelry cabinet, as

set forth in the following specification.


surface pattern applied to a jewelry

cabinet showing my new design;


thereof, the right side being a mirror

image.

The jewelry cabinet is shown in broken

lines for illustrative purposes only and

forms no part of the claimed design.

I claim: the ornamental design for a surface

pattern applied to a jewelry cabinet as shown

and described.

Drawing Disclosure


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The Design Patent

Application Process

The preparation of a design patent application andthe conducting of the proceedings in the USPTO to

obtain the patent is an undertaking requiring the

knowledge of patent law and rules and Patent and

Trademark Office practice and procedures. A patent

attorney or agent specially trained in this field is best

able to secure the greatest patent protection to which

applicant is entitled. It would be prudent to seek the

services of a registered patent attorney or agent.

Representation, however, is not required. A

knowledgeable applicant may successfully

prosecute his or her own application. However,

while persons not skilled in this work may obtain a

patent in many cases, there is no assurance that the

patent obtained would adequately protect the

particular design.

Of primary importance in a design patent

application is the drawing disclosure, which

illustrates the design being claimed. Unlike a

utility application, where the "claim" describes the

invention in a lengthy written explanation, the

claim in a design patent application protects the

overall visual appearance of the design,

described in the drawings. It is essential that the

applicant present a set of drawings (orphotographs) of the highest quality which conform

to the rules and standards which are reproduced in

this guide. Changes to these drawings after the

application has been filed, may introduce new

matter, which is not permitted by law (35 U.S.C.

132). It is in applicant's best interest to ensure that

the drawing disclosure is clear and complete prior

to filing the application, since an incomplete orpoorly prepared drawing may result in a fatally

defective disclosure which cannot become a patent.

It is recommended that applicant retain the services

of a professional draftsperson who specializes in

preparing design patent drawings. Examples of

required, it is strongly suggested

follow the formats presented to en

application is complete.

When a complete design patent appwith the appropriate filing fee, is re

Office, it is assigned an Application

Filing Date. A "Filing Receipt" c

information is sent to the applicant. T

is then assigned to an examiner. A

examined in order of their filing date.

Examination

The actual examination entails

compliance with formalities, ensuring

of the drawing disclosure and a com

claimed subject matter with the pri

art consists of issued patents a

materials. If the claimed subject mat

be patentable, the application will be instructions will be provided to

completing the process to permit issua

The examiner may reject the claim in

if the disclosure cannot be unde

incomplete, or if a reference or co

references found in the prior art, show

design to be unpatentable. The examissue an Office action detailing the

addressing the substantive matters

patentability.

This Office action may also contain s

the examiner for amendments to th

Applicant should keep this Office ac

her files, and not send it back to the O

Response

If, after receiving an Office action, app

continue prosecution of the applica

reply to the action must be submitte


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claim is patentable, without specifically pointing out

how the design is patentable over the prior art, does

not comply with the rules.

In all cases where the examiner has said that a replyto a requirement is necessary, or where the examiner

has indicated patentable subject matter, the reply

must comply with the requirements set forth by the

examiner, or specifically argue each requirement as

to why compliance should not be required.

In any communication with the Office, applicant

should include the following items:

1. Application number (checked for accuracy).

2. Group art unit number (copied from filing

receipt or the most recent Office action).

3. Filing date.

4. Name of the examiner who prepared the most

recent Office action.

5. Title of invention.

It is applicant's responsibility to make sure that the

reply is received by the Office prior to the expiration

of the designated time period set for reply. This time

period is set to run from the Date Mailed, which is

indicated on the first page of the Office action. If the

reply is not received within the designated time

period, the application will be considered

abandoned. In the event that applicant is unable to

reply within the time period set in the Office action,

abandonment may be prevented if a reply is filed

within six months from the mail date of the Office

action provided a petition for extension of time and

the fee set forth in 37 CFR 1.17(a) are filed. The

fee is determined by the amount of time requested,

and increases as the length of time increases. Thesefees are set by Rule and could change at any time.

An Extension of Time does not have to be

obtained prior to the submission of a reply to an

Office action; it may be mailed along with the reply.

See insert for schedule of current fees. Note: an

and if it is mailed with the Un

Service. A Certificate of Mailin

as Certified Mail. A sugges

Certificate of Mailing is as follow

I hereby certify that this corres

deposited with the United States

first class mail in an envelope

Design, Commissioner for Patents

20231, on (DATE MAILED)

(Name - Typed or Printed)

Signature____________________

Date________________________

If a receipt for any paper filed desired, applicant should include

addressed postcard, which lists, o

applicant's name and address

number, and filing date, the

submitted with the reply (i.e., 1 sh

pages of amendments, 1 page of a

etc.) This postcard will be stamp

receipt by the mailroom and retuThis postcard will be applicant's

reply was received by the Office o

If applicant changes his or her ma

filing an application, the Office m

writing of the new address. Fai

result in future communications b

old address, and there is no gucommunications will be forwarded

address. Applicant's failure to rec

reply to these Office communica

the application being held abando

of Change of Address should be


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will then either withdraw the rejection and allow the

application or, if not persuaded by the remarks and/or

amendments submitted, repeat the rejection and

make it Final. Applicant may file an appeal with the

Board of Patent Appeals and Interferences after

given a final rejection or after the c

rejected twice. Applicant may als

application prior to the abandonment

application, claiming benefit of the ear

This will allow continued prosecution

Drawing Examples

The two types of shading commonly employed in

design patent application drawings are straight-line

surface shading and stippling. Individually or in

combination, they can effectively

character and contour of most surface

Straight-line Surface Shading

Wrist Watch

Sink


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Stippling

Combination of Straight Line

Shading and Stippling

Note that both stippling and straight-line surface

shading, while permissible on the same object to

show surface contrast, should not be used together on

the same surface.

Shower Caddy Puppet

Chair

Drawing Examples


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Transparent Materials

Note that elements visible behind transparent

surfaces should be shown in light, full lines, not

broken lines.

Broken Line Disclosure

Broken lines may be used to show environment and

boundaries that form no part of the claimed design.

Drawing Examples

Aquarium Perfume Bottle

Tire

d l


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Exploded View

An exploded view is only supplementary to a fully

assembled view. A bracket must be employed to

show the association of elements.

Set of Game Components- Fully Assembled View

Alternate Positions

The alternate positions of a design, or an element of

the design, must be shown in separate views.

Drawing Examples

Set of Game Components-Exploded View

A G id T Fili A D i P A li i


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Indeterminate Length

Note the use of a separation and a bracket to indicate

that, for ease of illustration, the precise length of the

molding is not claimed.

Drawing Examples

Picture Fram

Christmas Tree Stand

Cross-sectional View

Cross-sections may be employed to clarify the

disclosure and to minimize the number of views.

Multiple Embodiments

Multiple embodiments of a single co

filed in one design application, so appearance and shape are similar, as s



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Specific Materials

Drawing Examples



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Graphical symbols for conventional elements may be

used on the drawing when appropriate, subject to

approval by the Office. The symbols that follow

have been approved for such use. This collection does

not purport to be exhaustive; other standard and

commonly used symbols will also be acceptable

provided they are clearly understood, are adequately

identified in the specification as filed, and do not

create confusion with other symbols used in

patent drawings.

NOTES: In general, in lieu of

conventional element, combination or

shown by an appropriately labeled rec

or circle; abbreviations should not b

their meaning is evident and not conf

abbreviations used in the suggested sy

Symbols for Draftsmen



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Guide o iling e

35 U.S.C. 102 Conditions for patentability;

novelty and loss of right to patent

A person shall be entitled to a patent unless -

(a) the invention was known or used by others in

this country, or patented or described in a printed

publication in this or a foreign country, before the

invention thereof by the applicant for patent, or

(b) the invention was patented or described in a

printed publication in this or a foreign country or

in public use or on sale in this country, more thanone year prior to the date of the application for

patent in the United States,

or

(c) he has abandoned the invention,

or

(d) the invention was first patented or caused to

be patented, or was the subject of an inventor'scertificate, by the applicant or his legal

representatives or assigns in a foreign country

prior to the date of the application for patent in

this country on an application for patent or

inventor's certificate filed more than twelve

months before the filing of the application in the

United States,

or

(e) the invention was described in-

(1)an application for patent, published under

section 122(b), by another filed in the United

States before the invention by the applicant for

by another filed in the Unite

invention by the applicant

that a patent shall not be d

United States for the

subsection based on th

international application fil

defined in section 351(a);

or

(f) he did not himself invent

sought to be patented,

or

(g) (1) during the course o

conducted under section 135

another inventor involved ther

the extent permitted in sectio

such person's invention thereof

made by such other inventor a

suppressed, or concealed, or

person's invention thereof, t

made in this country by anothe

not abandoned, suppressed, o

determining priority of inve

subsection, there shall be cons

respective dates of conception

practice of the invention, but a

diligence of one who was fir

last to reduce to practice, froconception by the other.

35 U.S.C. 103 Conditions for p

Patent Laws That Apply to Design Patent App



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g g pp

person having ordinary skill in the art to which

said subject matter pertains. Patentability shall

not be negatived by the manner in which the

invention was made.

(b) (1) Notwithstanding subsection (a), and upontimely election by the applicant for patent to

proceed under this subsection, a biotechnological

process using or resulting in a composition of

matter that is novel under section 102 and

nonobvious under subsection (a) of this section

shall be considered nonobvious if-

(A) claims to the process and the composition

of matter are contained in either the same

application for patent or in separate

applications having the same effective filing

date;

and

(B) the composition of matter, and the process

at the time it was invented, were owned by the

same person or subject to an obligation ofassignment to the same person.

(2) Apatent issued on a process under paragraph (1)-

(A) shall also contain the claims to the

composition of matter used in or made by

that process,

or

(B) shall, if such composition of matter isclaimed in another patent, be set to expire on

the same date as such other patent,

notwithstanding section 154.

(3) For purposes of paragraph (1), the term

biotechnological process means-

(A) a process of genetically altering or

otherwise inducing a single- or multi-celledorganism to-

(i) express an exogenous nucleotide

sequence,

(ii) inhibit, eliminate, augment, or alter

expression of an endogenous nucleotide

and

(C) a method of using a product

process defined by subparagraph

a combination of subparagraphs

(c) Subject matter developed by a

which qualifies as prior art only

more of subsections (e), (f), and (g)

of this title, shall not preclude pate

this section where the subject m

claimed invention were, at the tim

was made, owned by the same per

to an obligation of assignment to th

35 U.S.C. 112 Specification

The specification shall contain a writ

of the invention, and of the manner a

making and using it, in such full, clea

exact terms as to enable any person sk

to which it pertains, or with which it

connected, to make and use the same

forth the best mode contemplated by

carrying out his invention.

The specification shall conclude with

claims particularly pointing out a

claiming the subject matter, which

regards as his invention.

A claim may be written in indepen

nature of the case admits, in depende

dependent form.

Subject to the following paragraph

dependent form shall contain a refere

previously set forth and then speclimitation of the subject matter claim

dependent form shall be construed to

reference all the limitations of the cla

refers.



24/36

An element in a claim for a combination may be

expressed as a means or step for performing a

specified function without the recital of structure,

material, or acts in support thereof, and such claim

shall be construed to cover the correspondingstructure, material, or acts described in the

specification and equivalents thereof.

35 U.S.C. 132 Notice of rejection; reexamination

(a) Whenever, on examination, any claim for a patent

is rejected, or any objection or requirement made, theDirector shall notify the applicant thereof, stating the

reasons for such rejection, or objection or

requirement, together with such information and

references as may be useful in judging of the

propriety of continuing the prosecution of his

application; and if after receiving such notice, the

applicant persists in his claim for a patent, with or

without amendment, the application shall bereexamined. No amendment shall introduce new

matter into the disclosure of the invention.

(b) The Director shall prescribe regulations to

provide for the continued examination of

applications for patent at the request of the applicant.

The Director may establish appropriate fees for such

continued examination and shall provide a 50 percent

reduction in such fees for small e

for reduced fees under section 41(

35 U.S.C. 171 Patents for design

Whoever invents any new, origin

design for an article of manufac

patent therefor, subject to the

requirements of this title.

The provisions of this title relat

inventions shall apply to patents as otherwise provided.

35 U.S.C. 172 Right of priority

The right of priority provided for

through (d) of section 119 of this

specified in section 102(d) shall bcase of designs. The right of prior

section 119(e) of this title shall no

35 U.S.C. 173 Term of design pa

Patents for designs shall be grant

fourteen years from the date of gr



25/36

37 CFR 1.3 Business to be conducted with

decorum and courtesy

Applicants and their attorneys or agents arerequired to conduct their business with the Patent

and Trademark Office with decorum and courtesy.

Papers presented in violation of this requirement

will be submitted to the Commissioner and will be

returned by the Commissioner's direct order.

Complaints against examiners and other employees

must be made in correspondence separate from

other papers.

37 CFR 1.63 Oath or declaration

(a) An oath or declaration filed under 1.51(b)(2), as

a part of a nonprovisional application must:

(1) Be executed, i.e., signed, in accordance with

either 1.66 or 1.68. There is no minimum age

for a person to be qualified to sign, but the person

must be competent to sign, i.e., understand the

document that the person is signing;

(2) Identify each inventor by full name, including

the family name, and at least one given name

without abbreviation together with any other

given name or initial;

(3) Identify the country of citizenship of each

inventor;

and

(4) State that the person making the oath or

d l i b li h d i

(1) Identify the application to whic

(2) State that the person makin

declaration has reviewed and uncontents of the application, includ

as amended by any amendmen

referred to in the oath or declaratio

and

(3) State that the person makin

declaration acknowledges the duty

the Office all information known t

be material to patentability as defin

(c) Unless such information is su

application data sheet in accordance w

oath, or declaration must also identify

(1) The mailing address, and the r

inventor lives at a location which is

where the inventor customarily re

each inventor;and

(2) Any foreign application f

inventor's certificate) for which

priority is made pursuant to

foreign application having a filing d

of the application on which priority

specifying the application number

month, and year of its filing.

(d) (1) A newly executed oath or dec

required under 1.51(b)(2) and

continuation or divisional application,

(i) The prior nonprovisiona

Patent Rules That Apply to Design Patent Applica



26/36

contain no matter that would have been new

matter in the prior application;

and

(iv) Acopy of the executed oath or declaration

filed in the prior application, showing the

signature or an indication thereon that it was

signed, is submitted for the continuation or

divisional application.

(2) The copy of the executed oath or declaration

submitted under this paragraph for a continuation

or divisional application must be accompanied by

a statement requesting the deletion of the name ornames of the person or persons who are not

inventors in the continuation or divisional

application.

(3) Where the executed oath or declaration of

which a copy is submitted for a continuation or

divisional application was originally filed in a

prior application accorded status under 1.47, the

copy of the executed oath or declaration for suchprior application must be accompanied by:

(i) Acopy of the decision granting a petition to

accord 1.47 status to the prior application,

unless all inventors or legal representatives

have filed an oath or declaration to join in an

application accorded status under 1.47 of

which the continuation or divisional

application claims a benefit under 35 U.S.C.120, 121, or 365(c);

and

(ii) If one or more inventor(s) or legal

representative(s) who refused to join in the

prior application or could not be found or

reached has subsequently joined in the prior

application or another application of which thecontinuation or divisional application claims a

benefit under 35 U.S.C. 120, 121, or 365(c), a

copy of the subsequently executed oath(s) or

declaration(s) filed by the inventor or legal

representative to join in the application.

authorization of agent) or corre

during the prosecution of the p

(5) A newly executed oath or d

filed in a continuation or div

naming an inventor not namapplication.

(e) A newly executed oath or de

filed in any continuation-in-part

application may name all, more, o

the inventors named in the prior a

37 CFR 1.76 Application data s

(a)Application data sheet. An app

is a sheet or sheets that may be vo

in either provisional or nonprovis

which contains bibliographic da

format specified by the Office. If

sheet is provided, the application the provisional or nonprovision

which it has been submitted.

(b)Bibliographic data. Bibliograp

paragraph (a) of this section inclu

(1) Applicant information.

includes the name, residence

and citizenship of each applica

name of each applicant must

name, and at least one giv

abbreviation together with any

or initial. If the applicant is n

information also includes

authority ( 1.42, 1.43, and 1.

patent on behalf of the invento

(2) Correspondence informatition includes the corresponden

may be indicated by referen

number, to which corresponden

(see 1.33(a)).

(3) Application information.



27/36

discloses any significant part of the subject matter

of an application under a secrecy order pursuant

to 5.2 of this chapter (see 5.2(c)), and, for

plant applications, the Latin name of the genus

and species of the plant claimed, as wellas the variety denomination. The suggested

classification and Technology Center information

should be supplied for provisional applications

whether or not claims are present. If claims are

not present in a provisional application, the

suggested classification and Technology Center

should be based upon the disclosure.

(4)Representative information. This informationincludes the registration number of each

practitioner having a power of attorney or

authorization of agent in the application

(preferably by reference to a customer number).

Providing this information in the application data

sheet does not constitute a power of attorney or

authorization of agent in the application (see

1.34(b)).(5) Domestic priority information. This

information includes the application number, the

filing date, the status (including patent number if

available), and relationship of each application

for which a benefit is claimed under 35 U.S.C.

119(e), 120, 121, or 365(c). Providing this

information in the application data sheet

constitutes the specific reference required by 35U.S.C. 119(e) or 120, and 1.78(a)(2) or

1.78(a)(4), and need not otherwise be made part

of the specification.

(6) Foreign priority information. This

information includes the application number,

country, and filing date of each foreign

application for which priority is claimed, as well

as any foreign application having a filing datebefore that of the application for which priority is

claimed. Providing this information in the

application data sheet constitutes the claim for

priority as required by 35 U.S.C. 119(b) and

1 55(a)

(c) Supplemental application

Supplemental application data sheets:

(1) May be subsequently supp

payment of the issue fee either

update information in a previouapplication data sheet, or an oath

under 1.63 or 1.67, except th

changes are governed by 1.48, c

changes are governed by

citizenship changes are governed

1.67;

and

(2) Should identify the informatio

changed (added, deleted, or m

therefore need not contain all t

submitted information that has not

(d) Inconsistencies between applicat

and oath or declaration. For i

between information that is supplie

application data sheet under this sectoath or declaration under 1.63 and

(1) The latest submitted informati

notwithstanding whether supp

application data sheet, or by a

oath or declaration, except as

paragraph (d)(3) of this section;

(2) The information in the applica

will govern when the inconsistent

supplied at the same time by a

oath or declaration, except as

paragraph (d)(3) of this section;

(3) The oath or declaration under

governs inconsistencies with the a

sheet in the naming of inventors

and setting forth their citizenship (3(4) The Office will initially capture

information from the applicatio

(notwithstanding whether an oath

governs the information). Thus, t

generally not look to an oath or de



28/36

submission of a supplemental application data

sheet, an oath or declaration under 1.63 or

1.67, or a letter pursuant to 1.33(b).

37 CFR 1.84 Standards for drawings

(a) Drawings. There are two acceptable categories

for presenting drawings in utility and design patent

applications.

(1) Black ink. Black and white drawings are

normally required. India ink, or its equivalent

that secures solid black lines, must be used for

drawings;

or

(2) Color. On rare occasions, color drawings may

be necessary as the only practical medium by

which to disclose the subject matter sought to be

patented in a utility or design patent application or

the subject matter of a statutory inventionregistration. The color drawings must be of

sufficient quality such that all details in the

drawings are reproducible in black and white in

the printed patent. Color drawings are not

permitted in international applications (see PCT

Rule 11.13), or in an application, or copy thereof,

submitted under the Office electronic filing

system. The Office will accept color drawings inutility or design patent applications and statutory

invention registrations only after granting a

petition filed under this paragraph explaining why

the color drawings are necessary. Any such

petition must include the following:

(i) The fee set forth in 1.17(h);

(ii) Three (3) sets of color drawings;

(iii) A black and white photocopy that

accurately depicts, to the extent possible, the

subject matter shown in the color drawing;

and

(iv) An amendment to the specification to

Office upon request and

necessary fee.

(b) Photographs.

(1) Black and white. Photo

photocopies of photographs,

permitted in utility and design p

The Office will accept photogr

design patent application

photographs are the only pract

illustrating the claimed invent

photographs or photom

electrophoresis gels, blots (e.g

western, Southern, and

radiographs, cell cultures (stain

histological tissue cross sect

unstained), animals, plants, in

layer chromatography pl

structures, and, in a design p

ornamental effects, are accepta

matter of the application admit

a drawing, the examiner may replace of the photograph. The

be of sufficient quality so tha

photographs are reproducibl

patent.

(2) Color photographs. Colo

be accepted in utility an

applications if the conditions f

drawings and black and white

been satisfied. See paragraph

of this section.

(c)Identification of drawings. Ide

provided, should include the title

inventor's name, and application

number (if any) if an applicatio

been assigned to the application. is provided, it must be placed on

sheet and centered within the top

(d) Graphic forms in drawing

mathematical formulae, tables, an

be submitted as drawings and are



29/36

(e) Type of paper. Drawings submitted to the Office

must be made on paper, which is flexible, strong,

white, smooth, non-shiny, and durable. All sheets

must be reasonably free from cracks, creases, and

folds. Only one side of the sheet may be used for thedrawing. Each sheet must be reasonably free from

erasures and must be free from alterations,

overwritings, and interlineations. Photographs must

be developed on paper meeting the sheet-size

requirements of paragraph (f) of this section and the

margin requirements of paragraph (g) of this section.

See paragraph (b) of this section for other

requirements for photographs.(f) Size of paper. All drawing sheets in an application

must be the same size. One of the shorter sides of the

sheet is regarded as its top. The size of the sheets on

which drawings are made must be:

(1) 21.0 cm. by 29.7 cm. (DIN size A4), or

(2) 21.6 cm. by 27.9 cm. (8 1/2 by 11 inches).

(g) Margins. The sheets must not contain framesaround the sight (i.e., the usable surface), but should

have scan target points (i.e., cross hairs) printed on

two cater-corner margin corners. Each sheet must

include a top margin of at least 2.5 cm. (1 inch), a left

side margin of at least 2.5 cm. (1 inch), a right side

margin of at least 1.5 cm. (5/8 inch), and a bottom

margin of at least 1.0 cm. (3/8 inch), thereby leaving

a sight no greater than 17.0 cm. by 26.2 cm. on 21.0cm. by 29.7 cm. (DIN size A4) drawing sheets, and a

sight no greater than 17.6 cm. by 24.4 cm. (6 15/16

by 9 5/8 inches) on 21.6 cm. by 27.9 cm. (8 1/2 by 11

inch) drawing sheets.

(h) Views. The drawing must contain as many views

as necessary to show the invention. The views may

be plan, elevation, section, or perspective views.

Detail views of portions of elements, on a largerscale if necessary, may also be used. All views of the

drawing must be grouped together and arranged on

the sheet(s) without wasting space, preferably in an

upright position, clearly separated from one another,

and must not be included in the sheets containing the

parts are permissible. When an ex

shown in a figure, which is on the

another figure, the exploded vi

placed in brackets.

(2) Partial views. When necessarlarge machine or device in its en

broken into partial views on a si

extended over several sheets if the

facility of understanding the view.

drawn on separate sheets must alw

of being linked edge to edge so

view contains parts of another pa

smaller scale view should be inclthe whole formed by the parti

indicating the positions of the parts

a portion of a view is enlarged for

purposes, the view and the enlarg

each be labeled as separate views.

(i) Where views on two or mor

in effect, a single complete view

the several sheets must be so arcomplete figure can be assem

concealing any part of any

appearing on the various sheets

(ii) A very long view may b

several parts placed one above

single sheet. However, the

between the different parts mu

unambiguous.

(3) Sectional views. The plane

sectional view is taken should be in

view from which the section is cu

line. The ends of the broken l

designated by Arabic or Rom

corresponding to the view number o

view, and should have arrows t

direction of sight. Hatching mu

indicate section portions of an obje

made by regularly spaced oblique

spaced sufficiently apart to enable

distinguished without difficulty. H



30/36

which the cross section was taken. The parts in

cross section must show proper material(s) by

hatching with regularly spaced parallel oblique

strokes, the space between strokes being chosen

on the basis of the total area to be hatched. Thevarious parts of a cross section of the same item

should be hatched in the same manner and should

accurately and graphically indicate the nature of

the material(s) that is illustrated in cross section.

The hatching of juxtaposed different elements

must be angled in a different way. In the case of

large areas, hatching may be confined to an

edging drawn around the entire inside of theoutline of the area to be hatched. Different types

of hatching should have different conventional

meanings as regards the nature of a material seen

in cross section.

(4)Alternate position. A moved position may be

shown by a broken line superimposed upon a

suitable view if this can be done without

crowding; otherwise, a separate view must beused for this purpose.

(5) Modified forms. Modified forms of

construction must be shown in separate views.

(i) Arrangement of views. One view must not be

placed upon another or within the outline of another.

All views on the same sheet should stand in the same

direction and, if possible, stand so that they can be

read with the sheet held in an upright position. If

views wider than the width of the sheet are necessary

for the clearest illustration of the invention, the sheet

may be turned on its side so that the top of the sheet,

with the appropriate top margin to be used as the

heading space, is on the right-hand side. Words must

appear in a horizontal, left-to-right fashion when the

page is either upright or turned so that the top

becomes the right side, except for graphs utilizingstandard scientific convention to denote the axis of

abscissas (of X) and the axis of ordinates (of Y).

(j) Front page view. The drawing must contain as

many views as necessary to show the invention.

(k) Scale. The scale to which a dra

be large enough to show the m

crowding when the drawing is redu

thirds in reproduction. Indicatio

size or scale 1/2 on the drawingsince these lose their meaning wit

different format.

(l) Character of lines, number

drawings must be made by a p

give them satisfactory

characteristics. Every line, n

must be durable, clean, black

drawings), sufficiently densuniformly thick and well defin

all lines and letters must be

permit adequate reproduction.

applies to all lines however fin

to lines representing cut sur

views. Lines and strokes of

may be used in the same drawi

thicknesses have a different me(m) Shading. The use of sha

encouraged if it aids in understan

and if it does not reduce legibility

to indicate the surface or sh

cylindrical, and conical elements

parts may also be lightly shaded

preferred in the case of parts sho

but not for cross sections. See pthis section. Spaced lines for sha

These lines must be thin, as f

practicable, and they must contra

the drawings. As a substitute f

lines on the shade side of objects

where they superimpose on each

reference characters. Light shou

upper left corner at an angle delineations should preferably be

shading. Solid black shading area

except when used to represent bar

(n) Symbols. Graphical drawing

d f ti l l t



31/36

confused with existing conventional symbols, and if

they are readily identifiable.

(o) Legends. Suitable descriptive legends may be

used subject to approval by the Office, or may be

required by the examiner where necessary forunderstanding of the drawing. They should contain

as few words as possible.

(p)Numbers, letters, and reference characters.

(1) Reference characters (numerals are preferred),

sheet numbers, and view numbers must be plain

and legible, and must not be used in association

with brackets or inverted commas, or enclosedwithin outlines, e.g., encircled. They must be

oriented in the same direction as the view so as to

avoid having to rotate the sheet. Reference

characters should be arranged to follow the

profile of the object depicted.

(2) The English alphabet must be used for letters,

except where another alphabet is customarily

used, such as the Greek alphabet to indicateangles, wavelengths, and mathematical formulas.

(3) Numbers, letters, and reference characters

must measure at least .32 cm. (1/8 inch) in height.

They should not be placed in the drawing so as to

interfere with its comprehension. Therefore, they

should not cross or mingle with the lines. They

should not be placed upon hatched or shaded

surfaces. When necessary, such as indicating asurface or cross section, a reference character

may be underlined and a blank space may be left

in the hatching or shading where the character

occurs so that it appears distinct.

(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 beused to designate different parts.

(5) Reference characters not mentioned in the

description shall not appear in the drawings.

Reference characters mentioned in the description

or cross section on which they are p

reference character must be underlin

clear that a lead line has not been left o

Lead lines must be executed in the sam

in the drawing. See paragraph (l) of t(r)Arrows. Arrows may be used at the

provided that their meaning is clear, a

(1) On a lead line, a freestanding ar

the entire section towards which it

(2) On a lead line, an arrow touc

indicate the surface shown by th

along the direction of the arrow;or

(3) To show the direction of movem

(s) Copyright or Mask Work Notice.

mask work notice may appear in the

must be placed within the sight o

immediately below the figure rep

copyright or mask work material and

letters having a print size of .32 cm. t

to 1/4 inches) high. The content of t

be limited to only those elements pr

law. For example, 1983 John Do

401) and *M* John Doe (17 U.S.C

be properly limited and, under cu

legally sufficient notices of copyrig

work, respectively. Inclusion of a

mask work notice will be permitte

authorization language set forth in

included at the beginning (preferab

paragraph) of the specification.

(t)Numbering of sheets of drawings.

drawings should be numbered in

Arabic numerals, starting with 1, with

defined in paragraph (g) of this se

numbers, if present, must be placed in

the top of the sheet, but not in the

numbers can be placed on the right-h

drawing extends too close to the mid

edge of the usable surface. The



32/36

(u)Numbering of views.

(1) The different views must be numbered in

consecutive Arabic numerals, starting with 1,

independent of the numbering of the sheets and, if

possible, in the order in which they appear on thedrawing sheet(s). Partial views intended to form

one complete view, on one or several sheets, must

be identified by the same number followed by a

capital letter. View numbers must be preceded by

the abbreviation FIG. Where only a single view

is used in an application to illustrate the claimed

invention, it must not be numbered and the

abbreviation FIG. must not appear.(2) Numbers and letters identifying the views

must be simple and clear and must not be used in

association with brackets, circles, or inverted

commas. The view numbers must be larger than

the numbers used for reference characters.

(v) Security markings. Authorized security markings

may be placed on the drawings provided they are

outside the sight, preferably centered in the top

margin.

(w) Corrections. Any corrections on drawings

submitted to the Office must be durable and

permanent.

(x)Holes. No holes should be made by applicant in

the drawing sheets.

(y) Types of drawings. See 1.152 for design

drawings, 1.165 for plant drawings, and 1.174 for

reissue drawings.

37 CFR 1.121 Manner of making amendments

in application.

(a) Amendments in applications, other than reissue

applications. Amendments in applications, other

than reissue applications, are made by filing a paper,

in compliance with 1.52, directing that specified

amendments be made.

(i) An instruction, whic

identifies the location, to d

paragraphs of the specif

deleted paragraph with

replacement paragraphs, orparagraphs;

(ii) Any replacement or add

clean form, that is, with

indicate the changes that ha

and

(iii) Another version of

paragraph(s), on one or m

from the amendment, marke

changes relative to the prev

paragraph(s). The changes

brackets (for deleted matter)

added matter), or by any e

system. A marked up versio

be supplied for an added par

paragraph as it is sufficie

particular paragraph has bee

(2) Amendment by replaceme

sections of the specification

headings as provided in 1.7

1.163(c), amendments to the s

than the claims, may be made

(i) A reference to the sect

with an instruction to deletespecification and to repl

section with a replacement

(ii) A replacement section

is, without markings to in

that have been made;

and

(iii) Another version of section, on one or more pa

the amendment, marked

changes relative to the prev

section. The changes m

brackets (for deleted matt



33/36

and

(iii) Another version of the substitute

specification, separate from the substitute

specification, marked up to show all changes

relative to the previous version of thespecification. The changes may be shown by

brackets (for deleted matter), or underlining

(for added matter), or by any equivalent

marking system.

(4) Reinstatement: Deleted matter may be

reinstated only by a subsequent amendment

presenting the previously deleted matter.

(c) Claims.

(1)Amendment by rewriting, directions to cancel

or add: Amendments to a claim must be made by

rewriting such claim with all changes (e.g.,

additions, deletions, modifications) included.

The rewriting of a claim (with the same number)

will be construed as directing the cancellation of

the previous version of that claim. A claim mayalso be canceled by an instruction.

(i) A rewritten or newly added claim must be

in clean form, that is, without markings to

indicate the changes that have been made. A

parenthetical expression should follow the

claim number indicating the status of the claim

as amended or newly added (e.g., amended,

twice amended, or new).

(ii) If a claim is amended by rewriting such

claim with the same number, the amendment

must be accompanied by another version of the

rewritten claim, on one or more pages separate

from the amendment, marked up to show all

the changes relative to the previous version of

that claim. A parenthetical expression should

follow the claim number indicating the statusof the claim, e.g., amended, twice

amended, etc. The parenthetical expression

amended, twice amended, etc. should be

the same for both the clean version of the claim

under paragraph (c)(1)(i) of this section and the

(2) Aclaim canceled by amendmen

entirety) may be reinstated only by

amendment presenting the claim a

with a new claim number.

(3) A clean version of the entire claims may be submitted in a sing

paper. Such a submission shall b

directing the cancellation of all pre

of any pending claims. A marked

required only for claims being ch

current amendment (see paragrap

this section). Any claim not acco

marked up version will constitute ait has not been changed relative to

prior version.

(d)Drawings. Application drawings a

the following manner: Any change to

drawings must be submitted on a

showing the proposed changes in red f

the examiner. Upon approval by the

drawings in compliance with 1.84changes must be filed.

(e) Disclosure consistency. The disc

amended, when required by the Off

inaccuracies of description and defi

secure substantial correspondence

claims, the remainder of the specific

drawings.

(f) No new matter. No amendment

new matter into the disclosure of an ap

(g) Exception for examiner's amendm

to the specification, including the

application made by the Office in

amendment may be made by specific

insert or delete subject matter set

examiner's amendment by identifyinpoint in the specification or the claim

insertion or deletion is to be made. Co

paragraphs (b)(1), (b)(2) or (c)(1) of

not required.

(h) A d t i i li



34/36

filed under 1.913 must be made in accordance

with 1.530(d)-(j).

(j) Amendments in provisional applications:

Amendments in provisional applications are not

normally made. If an amendment is made to aprovisional 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.

37 CFR 1.152 Design drawings

The design must be represented by a drawing that

complies with the requirements of 1.84 and must

contain a sufficient number of views to constitute a

complete disclosure of the appearance of the design.

Appropriate and adequate surface shading should be

used to show the character or contour of the surfaces

represented. Solid black surface shading is not

permitted except when used to represent the colorblack as well as color contrast. Broken lines may be

used to show visible environmental structure, but

may not be used to show hidden planes and surfaces

that cannot be seen through opaque materials.

Alternate positions of a design component,

illustrated by full and broken lines in the same view

are not permitted in a design drawing. Photographs

and ink drawings are not permitted to be combined asformal drawings in one application. Photographs

submitted in lieu of ink drawings in design patent

applications must not disclose environmental

structure but must be limited to the design claimed

for the article.

37 CFR 1.153 Title, description and claim, oathor declaration

(a) The title of the design must designate the

particular article. No description, other than a

reference to the drawing is ordinarily required The

37 CFR 1.154 Arrangement of a

elements in a design application

(a) The elements of the desig

applicable, should appear in the fo(1) Design application transmi

(2) Fee transmittal form.

(3) Application data sheet (see

(4) Specification.

(5) Drawings or photographs.

(6) Executed oath or declaratio

(b) The specification should incl

sections in order:

(1) Preamble, stating the nam

title of the design, and a brief

nature and intended use of the

design is embodied.

(2) Cross-reference to related a

included in the application dat

(3) Statement regarding fed

research or development.

(4) Description of the figure

drawing.

(5) Feature description.

(6) A single claim.

(c) The text of the specification s

paragraph (b) of this section, if ap

preceded by a section heading in

without underlining or bold type.

37 CFR 1.155 Expedited examindesign applications

(a) The applicant may reques

expedite the examination of a desi

qualify for expedited examination



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and

(ii) A statement that a pre-examination search

was conducted. The statement must also

indicate the field of search and include an

information disclosure statement incompliance with 1.98.

(b) The Office will not examine an app

not in condition for examination (e.g.

filing fee) even if the applicant files

expedited examination under this sect

Sample Specification

I, (Name)________________________________________________ have invented a new

(Title)_________________________________________________ as set forth in the following

FIG. 1 is a _______________________ view of a __________________________ showing m

FIG. 2 is a _______________________ view thereof;



FIG. 5 is a _______________________ view thereof; and

FIG. 6 is a _______________________ view thereof.

I claim: The ornamental design for a ______________________________________________


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United States Patent and Trademark Office

Washington, DC 20231

An Agency of the United States Department of Commerce

A Guide to Filing a Design Patent Application

Documents

Transcript of A Guide to Filing a Design Patent Application