Design Patent Prosecution

Design Patent Prosecution - Carson Patents®
Design Patent Prosecution - Carson Patents®

Design Patent Prosecution Services

Design Step 4: Prosecution

Design Patents Step 4: Patent Prosecution.

For design patents, the fourth step patenting service is patent application prosecution. Patent prosecution services are the patent services needed to either [1] represent a patent application through examination, [2] appeal an examination decision, or [3] conduct opposition, reissue, or reexamination proceedings. Patent prosecution happens after a patent is pending and it occurs both before and after a patent is granted. Carson Patents® provides all design patent prosecution patenting services online.

Design patent prosecution occurs after an invention is patent pending. It is representing the invention before the United States Patent and Trademark Office (USPTO). It is the conducting of communications with the USPTO regarding the examination of a patent application, or a patent.

For design applications, patent prosecution is most frequently submitting letters to the patent office. The letters (responses to design patent office actions) address any rejections or objections made regarding an application. Office actions from the patent office also include the notice of allowance, and offer to issue (grant) the patent. Contact us online for patent help. Carson Patents® can help you protect your new unique inventive design.

Office Action Responses

Design patent prosecution includes responding to office actions from the patent office. Responding to a design patent office action is submitting a written reply back to the patent office. The reply includes a complete response to all issues raised in the office action. Office action issues frequently include both rejections and objections. Both must be responded to properly and completely. Carson Patents® highly recommends patent practitioner help for responses to USPTO Office Actions. Contact us for help responding to an office action, or to start the steps to patent for your unique inventive design.

Application Amendments

Prosecuting design patent applications includes properly responding to office actions from the USPTO. Sometimes a design patent amendment is necessary. Amendments to patent applications become necessary for many reasons. Writing a complete USPTO office action response can make an amendment necessary. If updates, corrections, and explanations are needed, submitting an amendment is necessary. The application documents need to be clear, complete, and in proper form. In other words, details matter. Carson Patents® provides personal patent services for writing and submitting amendments for patent pending applications. Contact us to get an amendment written. Or, to start the steps to patent for your unique inventive design.

Patent Issue

Prosecuting design patent applications includes design patent issue. When examination is complete and a patent application is allowable, the patent office offers to issue you a patent. Design patent issue is accepting the offer and paying the issue fee. After the issue fee is paid, the patent office will send you a printed copy of your patent. The patent is granted at issue. Thus, properly completing the patent issue step is important.

Design Patent Term

Under US patent law, design patent protection lasts for 15 years from date of issue. Note: Unlike utility patents, design patents do not have periodic patent maintenance fees like utility patents.

Petitions & Filings

  • Filing US Design from Hague International Industrial Design Applications.
  • Filing Hague from US Applications.
  • Requests for Reconsideration & Appeals.
  • Petitions for Accelerated Examination.
  • Prioritized Examination.
  • Carson Patents® files the Petition to Make Special based on age (over 65) for free.

Design Patent Prosecution FAQ’s

What is the difference between a utility patent and a design patent?

Utility patents protect the use, Design patents protect the look.

utility patent protects the way an article is used and works (35 U.S.C. 101). A design patent protects the way an article looks (35 U.S.C. 171). You can get both design and utility patents for an article if invention resides both in its utility and ornamental appearance. Utility and design patents afford legally separate protection. But frequently, the utility and design of a product are not easily separable. Products may possess both functional and ornamental characteristics. Contact us.

Which patent offices does Carson Patents® work with?

Carson Patents® works with the USPTO and WIPO.

We file and prosecute utility and design invention patent pending applications online at the United States Patent and Trademark Office (USPTO) and at World Intellectual Property Office (WIPO).
– USPTO online filing at – Patent Center, and EFS Web – for US utility and design patent applications.
– WIPO online filing at – PCT Applications – for international utility patent applications. 
– WIPO online filing at – Hague Applications – for international design patent applications. 

Online Patent Help

Carson Patents® provides personal patent services™ for all steps to patent online. Contact us to discuss your patenting options. Online design patent services include:

Design Patent Prosecution Services  at Carson Patents®.

Get help with design patent prosecution services, starting at $399.

Patent Confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.

Carson Patents® Personal Patent Services™ Online

Important TIP: When looking for online design patent prosecution services from a patent firm/office, only a patent attorney or patent agent can prosecute patents for you. Hire Carson Patents® personal patent service help.