Design Patenting Step 2: Writing

Step 2 Design Patent Writing
Step 2 Design Patent Writing

The second step in seeking patent protection for a design invention is writing the patent application

Design Patenting. The second step to patenting a design invention is patent application writing. Patent application writing includes filling out all the right forms. However, application writing is mostly focused on two coordinated parts. Firstly, writing a specification. And, secondly, creating any drawings needed to apply for a patent.

Design Application Writing

For design patenting, the specification is comprised of three sections: firstly, a preamble; secondly, a description; and thirdly, the ornamental design claim. The preamble section includes three sections: Firstly, the name of the applicant. Secondly, the title of the design. and optionally, thirdly a brief description of the nature and intended use. The description includes two sections: Firstly, a description of the figures; and secondly, a description of the distinctive features. There is only the one claim for the ornamental design as shown and described.

Design Application Drawings

Foe design patenting the drawings are typically black and white line drawings. The figures show the design from the usual six orthogonal views and a single perspective view. The six orthogonal views are: firstly, top; secondly, bottom; thirdly, left; fourthly, right; fifthly, back; and, sixthly, front views. In addition, other views are possible if required.

When design patenting, only use color drawings and photos if required.

Design Patenting Drawing Requirements

Patent figures and flowcharts require proper labeling and numbering for clarity of reference and completeness of disclosure. Above all, these documents must be compliant with the submittal requirements of the patent office.

When design patenting, Carson Patents® will fill out all the forms, and write the specification and arrange for any needed drawings. We offer confidential patent application help. Contact us to start the steps to patent your invention in a design patent application. Check out our article about patent cost.

Design Patenting 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.

What is patent application prosecution?

Patent Prosecution is resolving application issues

New inventors frequently ask this question. Patent Application Prosecution is representing your invention before the United States Patent and Trademark Office (USPTO). Patent application prosecution is 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 application prosecution happens after a patent is pending and it occurs both before and after a patent is granted. Contact Carson Patents® for help.

When it comes to patents, what does confidentiality mean?

Invention disclosures to patent practitioners are covered by client controlled confidentiality privilege

New inventors often ask this FAQ. Disclosures to patent practitioners are confidential. You may need or want a non-disclosure agreement with anyone else. Disclosures to patent agents are covered by client controlled privilege. Information disclosed cannot be used or shared without your permission. Patent agents hold the same basic professional liability insurance as that held by attorneys, just limited to the practice of patent prosecution. Contact us.

What is patentability?

Patentability Expert Definition

Our most frequently asked question (FAQ). Patentability is a combination of two evaluations. The first is a determination of whether an idea or invention meets the criteria to be patentable. In other words, is the invention patent eligible subject matter? The second evaluation, is a three part determination. Firstly, whether it exists in the prior art. Secondly, whether it conflicts with another invention or idea. And, thirdly, whether it would be obvious to try for a person having ordinary skill in the art. Contact Carson Patents® for a prior art search and patentability study for your idea or invention.

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By Gregory Carson

I own and operate Carson Patents® a Personal Patent Services™ Firm. I am licensed to practice as a Patent Agent before the United States Patent and Trademark Office (USPTO) in Patent Cases.