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Designs in USA (United States of America)

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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. 

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  • Ornamentality;
  • Novelty;
  • Non-obviousness;
  • Enablement and definiteness
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The applicant may request that the Office expedite the examination of a design application.

Following criteria to qualify for expedited examination:

(1) The application must include drawings;

(2) The applicant must have conducted a pre-examination search; and

(3) The applicant must file a request for expedited examination including:

  • fee; and
  • A statement that a pre-examination search was conducted. The statement must also indicate the field of search and include an information disclosure statement.

Note: The Office will not examine an application that is not in condition for examination (e.g., missing basic filing fee) even if the applicant files a request for expedited examination under this section.

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  • 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.

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A design patent application must include the following elements:

  • 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.

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