The Patent Guide by Carl W. Battle

Author:Carl W. Battle
Language: eng
Format: epub
ISBN: 9781621536277
Publisher: Allworth Press
Published: 2018-03-30T04:00:00+00:00

PREPARING AND MAILING A DESIGN PATENT APPLICATION

In addition to, or instead of, filing a utility patent application, you may want to file a design patent application. Unlike a utility patent, a design patent protects only the ornamental or aesthetic elements of an invention. Further, design patents do not protect any functional elements of an invention. Design patents can protect, for example, unique bottle shapes, an artistic lamp, an ornamental pin, a watch design, or the grill of a car.

The application for a design patent is much easier to prepare than that for a utility patent. Drawings are the heart of the design patent application, although a short preamble and one claim are also included. The drawings must fully disclose the ornamental features of the invention and should be drawn from a number of views in order to meet full disclosure.

A complete design patent must also include a declaration and the filing fee (effective March 19, 2013. the basic filing fee for a design patent application was $180, or $90 for a small entity, or $45 for a micro entity). You should also file an Information Disclosure Statement and an Application Transmittal Letter identifying everything that you are submitting. Remember, you can file the Information Disclosure Statement within three months of filing the application without penalty. If applicable, file a Verification Statement of Small Entity Status and a Petition to Make Special.

Submit all these papers just as you would for an application for a utility patent. Remember to include a self-addressed, stamped postcard, and send the application by US Express Mail, with a Certificate of Express Mail included in the application.

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