Designs in USA (United States of America)

• Preamble, stating name of the applicant, title of the design*, and a brief description of the nature and intended use of the article in which the design is embodied;
• Cross-reference to related applications (unless included in the application data sheet).
• Statement regarding federally sponsored research or development.
• Description of the figure(s) of the drawing (No description, other than a reference to the drawing, is ordinarily required);
• Feature description;
• A single claim (More than one claim is not permitted);
• Drawings or photographs;
• Executed oath or declaration.

*The title of the design must designate particular article.

• The elements of the design application, if applicable, should appear in the following order:

• Design application transmittal form.
• Fee transmittal form.
• Application data sheet.
• Specification.
• Drawings or photographs.
• Executed oath or declaration.

• The specification should include the following sections in order:

• Preamble, stating the name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied.
• Cross-reference to related applications (unless included in the application data sheet).
• Statement regarding federally sponsored research or development.
• Description of the figure or figures of the drawing.
• Feature description.
• A single claim.

(c) The text of the specification sections defined in paragraph (b) of this section, if applicable, should be preceded by a section heading in uppercase letters without underlining or bold type.

Under the normal design registration process, involving design search, filing of design application, design examination, publication and design grant typically entails a timeline of 5- 10 months.

To avoid objection during the examination process, the applicant can adopt the strategies below:

Practical Tips to minimize objection in Design Registration

Accurate & Complete Filing– Ensure that drawings, classification, applicant details, and all required forms are complete.

Take assistance of professional services– It is suggested that applicants take professional assistance of patent agent or a design agent for preparing design applications.

Respond to Office Actions- When the Examiner issues objections to design application, the applicants shall respond promptly. It has been observed that most of the delays occur at this stage.

Monitor Status of Design application- Keeping a close watch on the status of design application through the IPINDIA portal is recommended. In case the application is pending for a relatively longer time, then steps can be taken to follow up with the IP Office.

• Ornamentality;
• Novelty;
• Non-obviousness;
• Enablement and definiteness

Design applications filed on or after May 13, 2015 shall have the term of fifteen years from the date of grant. The term of a design patent is non-extendable.