Applying for Design patent

Cite this article as:"Applying for Design patent," in The Business Professor, updated March 5, 2015, last accessed August 10, 2020, https://thebusinessprofessor.com/lesson/applying-design-patent/.

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Applying for Design Patent

Applying for a design patent is very similar to the process for applying for a utility patent. The difference is that there is more emphasis on the form or ornamentation of the patented item in the design application; while the utility patent requires an explanation of the utility of the patent.

Elements of a Design Patent

  • Preamble: Name of Applicant, Title of the Design, Description of the Creation, and How the Underlying Creation will be Used.
  • Citation to any Cross-Referenced Patents
  • Figure Descriptions (Description of referenced section of Drawings).
  • A Single Claim (only one is allowed)
  • Drawings and Images (VERY IMPORTANT)
  • Oath or declaration (certifying that you are the claimed inventor).

The application generally requires a filing, search, and examination fee.

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