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    U.S. Design Patent Do It Yourself!: The Easy Guide to Applying and Getting a Design Patent <Br> Simple and Easy Instructions for the Pro Se Inventor
    U.S. Design Patent Do It Yourself!: The Easy Guide to Applying and Getting a Design Patent <Br> Simple and Easy Instructions for the Pro Se Inventor
    U.S. Design Patent Do It Yourself!: The Easy Guide to Applying and Getting a Design Patent <Br> Simple and Easy Instructions for the Pro Se Inventor
    Ebook214 pages53 minutes

    U.S. Design Patent Do It Yourself!: The Easy Guide to Applying and Getting a Design Patent
    Simple and Easy Instructions for the Pro Se Inventor

    By Kay H. Chin

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    About this ebook

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    LanguageEnglish
    PublisherXlibris US
    Release dateNov 29, 2005
    ISBN9781469112527
    U.S. Design Patent Do It Yourself!: The Easy Guide to Applying and Getting a Design Patent <Br> Simple and Easy Instructions for the Pro Se Inventor

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      Book preview

      U.S. Design Patent Do It Yourself! - Kay H. Chin

      Copyright © 2005 by Kay H. Chin.

      All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

      To order additional copies of this book, contact:

      Xlibris Corporation

      1-888-795-4274

      www.Xlibris.com

      [email protected]

      27592

      Contents

      Acknowledgement

      Preface

      Chapter 1

      Introduction to Design Patent.

      Chapter 2

      Prior Art Search and U.S. Classification Information.

      Chapter 3

      Filing Design Patent Application

      Chapter 4

      Common Office Actions from PTO for Design Patent Applications.

      Chapter 5

      Applicant’s Response to Office Action.

      Chapter 6

      Other Types of Applications and Correction of Errors in Patent

      Chapter 7

      Ownership and Assignment

      Chapter 8

      Appendices

      Dedication

      This manual is dedicated to all pro se inventors who want to file U.S. Design patent application.

      Because this manual was written for the person with no legal training, more detailed information on patent rules, laws and regulations governing patents is not disclosed. Complex situations such as how to appeal an application to the Board of Patent Appeals and Interferences and Reexamination have not been treated since these complex circumstances are best handled by a registered patent practitioner. You can refer to the Manual of Patent Examining Procedure (MPEP), which is available on the U.S. Patent and Trademark Office website at http://www.uspto.gov for further information.

      Acknowledgement

      Grateful acknowledgement is given to my daughter, Melissa Chin who reviewed the draft of this manual.

      I also, thank my husband, Peter and my daughter, Irene for cheering and supporting my work.

      Preface

      Design patents are becoming increasingly important in the field of Intellectual Property; filling a niche in the field of property rights by protecting the appearance of articles left unprotected by utility patents and copyright. The appearances of common articles like beds, watches, shoes, boats, and cell phones can all be protected by design patents.

      The growing attention and importance of design patents is reflected in the increasing number of design patent applications. In 1993, there were 8,256 design patent applications, ballooning to 23,468 applications filed in 2004. In many cases, design patent applications are rejected because of technical problems in the application itself, costing the applicant hundreds of dollars in wasted time and fees.

      Due to a somewhat complicated applications process and the lack of sufficient resources, many applicants/inventors are faced with a dilemma, either hire a patent attorney to file the paperwork for a design patent, or go it alone and file pro se, i.e., without an attorney. Hiring an attorney to handle the application can be expensive and unnecessary.

      U.S. Design Patent, Do It Yourself! was created by an experienced patent examiner with the pro se applicant in mind, to be a guide throughout the design patent application process, illustrated with many examples and common mistakes made by applicants.

      The author, Kay H. Chin, is a retired design patent examiner who worked at the U.S. Patent and Trademark Office (U.S. PTO) for 20 years. Kay Chin’s experience in reviewing design patent applications and talking with applicants themselves has taught her that many design patent applicants suffer from the same types of mistakes, and that many applicants are frustrated by the lack of comprehensive reference materials for design patent applications. It is Kay Chin’s goal to instruct all types of inventors, from individuals to companies, the application procedure, all in an easy to understand, step-by-step approach.

      Chapter 1

      Introduction to Design Patent.

      A)   Who can apply for a patent?

      The U.S. patent laws do not discriminate with respect to the citizenship of the inventor.

      Any inventor, regardless of his/her citizenship, may apply for a patent on the same basis as a U.S. citizen. By law, only the inventor(s) may apply for a patent, except :

      1)   If the inventor is dead, the application may be made by a legal representative, administrator or executor of the estate.

      2)   If the inventor is mentally incapacitated, the application for patent may be made by the inventor’s guardian.

      3)   If the inventor refuses to apply for a patent or cannot be found, a joint inventor, or, if there is no joint inventor available, a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.

      B)   Why a Design Patent?

      In most cases, the mere appearance of a product can be the key to commercial success.

      People pay more money for a designer dress, shoes or car because of its distinctive appearance. One way to protect this appearance is to obtain a design patent. A design patent can be a powerful commercial tool because it gives the patent owner the exclusive right to use the design.

      Patentable designs are present everywhere in our daily life, from the kitchen blender to the office door handle. Utilitarian articles such as cars and non-utilitarian articles like the Statue of Liberty are all items that are protected by design patents.

      Unlike a utility patent, a design patent concerns itself solely with artistic creativity as applied to utilitarian and non-utilitarian objects, products, and articles. Many design patent inventions are closely related to their functional uses. For example, a beverage container that has a no-slip area can be protected by a utility patent for its functional feature and by a design patent for its appealing shape or form. See drawings from Design Patent No. D486,996 below.

      image1.tif

      Beverage Container (figures from U.S. Design Patent No. D486,996)

      An applicant may file for both a design and utility patent application on the same article if the article possesses both functional and ornamental characteristics. There are advantages for filing applications for both design and utility patent protection:

      1)    Filing an application for a design patent is remarkably easy. In fact, you can file your application for a design patent while you are writing claim(s) for your utility patent application. However, you must file the utility patent application within one year after you filed for a design patent to avoid a possible prior art rejection or statutory bar.

         See Chapter 4,(D)(2) for more on the prior art rejection.

      2)    You can get multiple levels of patent protection by patenting both the shape of the your invention (design patent), and its functional feature (utility patent), as long as your invention is patentable by both the design and utility patents criteria.

      C)   Legal Benefits of a Design Patent.

      A design patent gives its owner the legal right to exclude others from making, selling, and offering for sale the appearance, shape, or configuration of an article of manufacture or surface ornamentation applied to an article 14 years from the date the patent is granted. The design patent protects only the visual appearance of an article and not its functional features. The design patent does not need to be directed to the entire article; an applicant may choose to claim only a portion of the article.

      D)   Design Patent and its Subject Matter

      Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a design patent therefore, subject to the conditions and requirements under 35 U.S.C. 171.

      The subject matter of a design patent application relates to:

      1)   A design for the configuration or shape of an article of manufacture, such as shoes, clothes, toys, boats, cars, or tools.

      2)   Surface ornamentation applied to an article, such as a computer icon.

      3)   Type fonts.

      4)   A combination

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