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The two main parts of a design patent application are: 1) the drawings; and 2) the specification.
The drawings are considered a very important part of a design patent application because a design patent protects the shape of an object or graphics applied to an object – so the drawings show what is protected.
In general, design patent drawings should be black and white line drawings, where the shading is done by small lines. All the lines in the drawings should be able to be reproduced, or in other words able-to-be-photocopied. Also any broken lines in a design patent drawing are not part of what is protected, but the elements in broken lines give context to the actual design which is not in broken lines.
The specification includes a few parts, but in general the specification is very short.
There is normally a sentence at the beginning in the form of “I, (name of the inventor), have invented a new design for a (title of the invention), as set forth in the following specification." This sentence can be followed by a short one sentence description of how the object will be used to give context to the drawings.
Then there are figure descriptions. The figure descriptions include a one line description of the angle which the viewer is looking at the figure and the side the viewer is looking at.
FIG. 1 is a top plan view of (title of the invention) showing my new design;
FIG. 2 is a bottom plan view thereof;
FIG. 3 is a front elevational view;
FIG. 4 …. going through each of the six sides and usually one or two perspective views.
The figure descriptions can include a short explanation that one side is the same as another side and not included in the figures – or other short descriptions such as a side is not shown because it is flat. The extra information can be on the line which starts with “FIG,” or the figure description can follow the as a separate line after the “FIG” lines.
Also there can be wording to reiterate that the broken lines are for “illustrative purposes only and forms no part of the claimed design.”
Then there is a single claim. The claim is a sentence in the typical form of: “I claim: the ornamental design for (the title) as shown” or “I claim: the ornamental design for (the title) as shown and described.” If there is extra wording describing the figures such as “one side is the same as another side and not shown” then the addition of “and described" should be included.
The whole design patent application can include all application sections in the following order:
Design patent application specification consists of eight major sections.
A design patent application specification must contain:
The sections of a design patent application specification must be represented in the order shown above.
A description of the detailed sections of a Design Patent application can be found in the Patent Office Design Patent Application Guide found on the USPTO website, under the tabs Patents, Patent Basics, Applying for Patents, and Design patent guide.
You can view a design patent application example by:
The fees vary depending on the size of the entity applying for the design patent.
Filing fee: $220
Search fee: $160
Examination fee: $640
For small entities fees are 40% of the undiscounted fee, where a small entity is an independent inventor, a small business concern, or a non-profit organization.
Small Entity Fees:
Filing fee: $88
Search fee: $64
Examination fee: $256
For micro entities fees are 20% of the undiscounted fee, where a micro entity has specific qualities, where the basic qualities are: a small entity which has a reduced income; or an employee of an institution of higher education and assigned the patent rights to institution of higher education.
Micro Entity Fees:
Filing fee: $44
Search fee: $32
Examination fee: $128
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