description of "invention" in applying for patent

[tHEPERFESSEr]

What is the name of your state? Missouri

I was reading "A guide to filing a design patent application". Under the section "views"; it mentions - for instance, that if one side of the invention in question will be the same as the "opposite" side it is not required to mention this in the "application".

So, I pose a question: If, for instance, I was looking to patent a new kind of "wall art" (a.k.a. a picture on your wall at home) and I knew beforehand that some of my "picture/wall art" would usually be flat (much as any "wall art") but that others would be constructed so as to "fit" a curved or concave wall in a home; how would this be "handled' in the patent application? Would I have to file numerous patent applications or could I use abundant "wordage" in my application to cover this!!??

 

[divgradcurl]

"Attention is directed to the fact that design patent applications are concerned solely with the ornamental appearance of an article of manufacture. The functional and/or structural features stressed by applicant in the papers are of no concern in design cases, and are neither permitted nor required. Function and structure fall under the realm of utility patent applications."

MPEP section 1503.01

So, basically, the fact that your invention may fit on a lfat wall or on a curved wall would be "functional" or "structural" features -- you could include such verbage in your application, but it is not really part of the application, and will hold no weight in a later infringement case. A design patent is interested in the ornamental aspects only -- if someone else later infringes on your ornamental aspects, regardless of what "structure" the put your ornamental features on, you should be able to protect your invention.

In other words, don't worry about this.

 

[tHEPERFESSEr]

description in applying for patent

divgradcurl- thank you for your answer, I greatly appreciate it! I'm deeply intrigued and my interest is piqued as to how you came upon your "internet moniker" divgradcurl. Is it Diverse graduation curly hair? Ha! Whatever, thank you!

tHEPERFESSEr

 

[divgradcurl]

deeply intrigued and my interest is piqued as to how you came upon your "internet moniker" divgradcurl.

It has nothing to do with my hair, and everything to do with vector calculus.

div = divergence
grad = gradient
curl = curl

There was a book some years back called "Div grad curl and all that" that was a pretty good intro to vector calculus as it related to electronmagnetic theory.

My undergrad degree is in physics; even though I don't use vector operators anymore as an attorney, I still retain some connection to them via the use of my internet handle...