• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Claim for Design Patent in Application

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

registereduser

Junior Member
When apply for patent online and upload a file for claims, the file will just have one sentence, "The ornamental design for a ** as shown and described".

It is so weired. How do you do this part, guys?
 


divgradcurl

Senior Member
When apply for patent online and upload a file for claims, the file will just have one sentence, "The ornamental design for a ** as shown and described".

It is so weired. How do you do this part, guys?

That's how it is done:

37 CFR 1.153 Title, description and claim, oath or declaration.
(a) The title of the design must designate the particular article. No description, other than a reference to the drawing, is ordinarily required. The claim shall be in formal terms to the ornamental design for the article (specifying name) as shown, or as shown and described. More than one claim is neither required nor permitted. (emphasis added)

Nothing more is required unless you are making a priority claim or the work was funded by the government:

MPEP 1503.01: The following order or arrangement should be observed in framing a design patent specification:


(1) 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.

(2) Cross-reference to related applications unless included in the application data sheet.

(3) Statement regarding federally sponsored research or development.

(4) Description of the figure or figures of the drawing.

(5) Descriptive statement, if any.

(6) A single claim.

1503.01 Specification [R-5] - 1500 Design Patents
 

registereduser

Junior Member
Thank you very much for the information. Indeed I was asking the way to submit the application. Should a PDF file only contains one sentence be submitted when apply for design patent?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top