Design Patent Registration in the USA

Design fees

To know the accurate fees for design patent registration in the USA contact IIPLA.

Multiple design applications

Multiple embodiments of a particular concept may be filed in a single design application, so long as their look and contour are the same.

Filing requirements of a design patent application in the USA

The official language of the USA design patent application is English.

A design patent application must have the following:

– specification of design with one claim

– drawings

– application datasheet

– executed oath or declaration

In a design application, there is no deadline for filing a Power of Attorney. The filing of POA shall take place before the grant of a design patent application. A copy of the POA is sufficient. Legalization or notarization is not necessary.

The Priority Document can be submitted at any time of registration of the design patent application, up to the date of the issue fee payment. Nevertheless, a priority document will be necessary sooner. A priority document must be submitted in English. If it’s in any other language, then it has to be translated and submitted along with the original priority document.

The deadline for filing a design patent application claiming conventional priority is 6 months from the date of priority. The right to file the design Patent application may be restored if it was missed unintentionally and if the corresponding appeal is submitted, and the corresponding fee is paid within 2 months of the expiration of the six-month period.

Examination of a design application in the USA

A design patent application filed in the patent office undergoes both formal and substantive examination. The examination takes place automatically.

Information Disclosure Statement

The applicant shall disclose all the necessary information which determines the patent or the invention. The applicant can disclose this using the information disclosure statement (IDS). This information may be prior art or any thing else related to invention. This duty goes on until a patent is issued or the patent application is abandoned. Failure to submit an IDS intentionally may result in the declaration of the patent as unenforceable.

The government does not charge any fee when you file the IDS within 3 months of the patent filing in the USA or before the 1st office action

Additional fees must be paid if any information contained in the IDS was first cited in the communication from the foreign patent office in a counterpart foreign patent application more than three months prior to the filing of IDS.

Novelty grace period

The novelty grace period in the USA lasts 12 months before the USA filing date or before the priority date,

– If the disclosure occurs after public disclosure of the same invention by the parties set forth above.

– If the inventor discloses it to any person or any person obtained the information from the inventor (directly or indirectly);

Grant, validity term and design renewal fees

The issue fee for a US design patent is due 3 months from the date of the Notice of Allowance. Design patent applications filed on or after May 13, 2015, have a term of 15 years from the date of issuance. Design patent application filed before May 13, 2015, have a term of 14 years from the date of issuance. US design patents are not subject to maintenance fees or annuities.

Duration of the registration procedure

The registration process for design patent application take between 1-3 years. It depends on the smooth process or if there are any oppositions.

Representation by a patent attorney

Creators may register and prosecute their design patent applications in the US Patent Office. It is advisable to contact a US patent attorney or patent agent, registered with the US Patent Office.

If you have any queries related to the design patent registration in the USA, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

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