Design Patent Basics Steven A Nielsen Registered Patent
Design Patent Basics Steven A. Nielsen Registered Patent Attorney www. Nielsen. Patents. com
California Lawyers for the Arts November 9, 2005 n What is a patent ? n n A right to exclude others What is patentable ? Machines n Plants n Designs n
USPTO Definition of “Design” n n 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.
USPTO definition of “Design” 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. A Guide to Filing a Design Patent Application, USPTO (2005) (emphasis added) n
Interesting Examples of Design Patents n Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D 511, 405
Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D 511, 405 n Application filed on September 9, 2003 Definition of “appliqué” Fabric pieces sewn on fabric: Shaped pieces of fabric sewn on a foundation fabric to from a design or pattern Encarta Dictionary
Date Contents Description 11 -08 -2005 Recordation of Patent Grant Mailed 10 -19 -2005 Issue Notification Mailed 10 -14 -2005 Receipt into Pubs 10 -07 -2005 Dispatch to FDC 10 -07 -2005 Application Is Considered Ready for Issue 06 -06 -2005 Issue Fee Payment Verified 10 -05 -2005 Receipt into Pubs 06 -06 -2005 Issue Fee Payment Received 06 -01 -2005 Workflow - File Sent to Contractor
06 -01 -2005 Workflow - File Sent to Contractor 05 -18 -2005 Receipt into Pubs 05 -11 -2005 Mail Notice of Allowance 05 -11 -2005 Mail Examiner's Amendment 05 -10 -2005 Notice of Allowance Data Verification Completed 05 -10 -2005 Examiner's Amendment Communication 04 -28 -2005 Date Forwarded to Examiner 04 -25 -2005 Response after Ex Parte Quayle Action 04 -04 -2005 Mail Ex Parte Quayle Action (PTOL -
04 -01 -2005 Ex Parte Quayle Action 03 -29 -2005 Date Forwarded to Examiner 03 -22 -2005 Response after Non-Final Action 02 -23 -2005 Mail Non-Final Rejection 02 -22 -2005 Non-Final Rejection
06 -04 -2004 Case Docketed to Examiner in GAU 11 -20 -2003 Application Dispatched from OIPE 11 -20 -2003 Application Is Now Complete 10 -29 -2003 Cleared by OIPE CSR 10 -28 -2003 IFW Scan & PACR Auto Security Review 09 -09 -2003 Initial Exam Team nn
Support base Issued Nov. 8, 2005 D 511, 404
Mesh bag insert for make-up planner Nov. 8, 2005 D
Hair bun holder
Baluster
Lamp post
Ear plug
Summary n n n File before you sell. Initial cost to file is around $250 plus drawings $300 and perhaps cost for a patent attorney or patent agent. Patent pending status. Issue fee is $400, optional publication will cost $300. Term is 14 years. Maintenance fees, None for design patents.
Thank You ! If you have any questions, please ask. You are welcome to send your questions or comments by email. Steven A. Nielsen Allman & Nielsen 100 Larkspur Landing Circle, Suite 212 Larkspur, CA 94939 (415) 461 - 2700 Steve@Nielsen. Patents. com www. Nielsen. Patents. com “Marin Patent Attorney”
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