(1) Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. Applicant's failure to receive, and properly reply to these Office communications will result in the application being held abandoned. (b) Specification. Designs are independent if there is no apparent relationship between two or more articles. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. File a trademark application and other documents online through TEAS. (3) Sectional views. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other. Further, after thorough extensive DOCX testing with files that contain chemical structures and mathematical formulae, we determined that they are rendered correctly when they use an approved font. (d) Drawings: One or more application drawings shall be amended in the following manner: Any changes to an application drawing must be in compliance with 1.84 and must be submitted on a replacement sheet of drawings which shall be an attachment to the amendment document and, in the top margin, labeled "Replacement Sheet". The introduction of both photographs and ink drawings in a design application would result in a high probability of inconsistencies between corresponding elements on the ink drawings as compared with the photographs. (2) For purposes of this subsection, subject matter developed by another person and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person if-. by 24.4 cm. Search recorded assignment and record ownership changes. Other symbols, which are not universally recognized, may be used, subject to approval by the Office, if they are not likely to be confused with existing conventional symbols, and if they are readily identifiable. (e) Disclosure consistency. Amendments to the specification, other than the claims, computer listings ( 1.96) and sequence listings ( 1.825), must be made by adding, deleting or replacing a paragraph, by replacing a section, or by a substitute specification, in the manner specified in this section. The elements of a design patent application should include the following: (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). These templates are not required but are instead guides for filing new submissions and responses. Because the files are originally in a DOCX format, uploading the original file eliminates the step for the applicant to convert the document to PDF prior to submission. Alternatively, if you file an application in DOCX format that includes a proper priority claim under 37 CFR 1.55 or proper benefit claim under 37 CFR 1.78, you may be able to address discrepancies resulting from filing an application in DOCX format, based on the incorporation by reference provisions of 37 CFR 1.57(b), instead of filing a petition. Trademark: a symbol, word, words, design, device, slogan, or combination legally registered or established by use as representing a company or product. Example 3-Disclosure of only the surfaces of an article that are visible during use - The rear view disclosed by description. Start with the preamble. 35 U.S.C. If color photographs are submitted as informal drawings and the applicant does not consider the color to be part of the claimed design, a disclaimer should be added to the specification as follows: "The color shown on the claimed design forms no part thereof." To update your template, open the file, make the changes you want, and then save the template. The size of the sheets on which drawings are made must be: (1) 21.0 cm. The suggested classification and Technology Center information should be supplied for provisional applications whether or not claims are present. 100+ Free Cover Page Templates for MS Word A Cover page, also known as the title page, is the first or representative page of a thesis, assignment, or any written document that it proceeds. The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material(s) that is illustrated in cross section. Patent Infringement 5. Amendments in provisional applications are not usually made. (2) Color photographs. Color will be considered an integral part of the disclosed and claimed design in the absence of a disclaimer filed with the original application. Each individual waveform discussed in the specification must be identified with a separate letter designation adjacent to the vertical axis. Double-click This PC. Applications are examined in order of their filing date. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete, that nothing regarding the design sought to be patented is left to conjecture. Known devices should be illustrated by symbols, which have a universally recognized conventional meaning and are generally accepted in the art. The view numbers must be larger than the numbers used for reference characters. A patent attorney or agent specially trained in this field is best able to secure the greatest patent protection to which applicant is entitled. Marketing designations are improper as titles and should not be used. (3) When claim text in clean version is required. (c) Claims. The USPTO has conducted extensive DOCX testing with files that contain chemical structures and mathematical formulae and determined that Patent Center and EFS-Web are able to store and process DOCX files with high fidelity and no errors. Whether you're starting from a built-in template or updating one of your own, Word's built-in tools help you update templates to suit your needs. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It would be prudent to seek the services of a registered patent attorney or agent. 37 CFR 1.154 Arrangement of application elements in a design application. (In Word 2013, double-click Computer ). Views that are merely duplicates of other views of the design or that are merely flat and include no ornamentality may be omitted from the drawing if the specification makes this explicitly clear. Each section of an amendment document (e.g., amendment to the claims, amendme nt to the specification, replacement drawings, and remarks) must begin on a separate sheet. 119(e) or 120, and 1.78(a)(2) or 1.78(a)(4), and need not otherwise be made part of the specification. Appropriate and adequate surface shading should be used to show the character or contour of the surfaces represented. Response Template: Currently under development. In all cases where the examiner has said that a reply to a requirement is necessary, or where the examiner has indicated patentable subject matter, the reply must comply with the requirements set forth by the examiner, or specifically argue each requirement as to why compliance should not be required. Details of the Applicant should be included such as his / her name, name of the company and its address, and phone number. After typing a name for your template, open the dropdown menu underneath the name field, and then choose the "Word Template (*.dotx)" option. 12+ Patent Agreement Templates - Word, PDF. The claim should then read "The ornamental design for (the article which embodies the design or to which it is applied) as shown and described.". No holes should be made by applicant in the drawing sheets. (a) Application data sheet. flyers and posters. The design drawing or photograph must comply with the disclosure requirements of 35 U.S.C. Microsoft Word templates are ready to use if you're short on time and just need a fillable outline for a flyer, calendar, or brochure. For inconsistencies between information that is supplied by both an application data sheet under this section and other documents. The views may be plan, elevation, section, or perspective views. Photographs mounted on Bristol board may have the figure number shown in black ink on the Bristol board, proximate the corresponding photograph. A design patent application may only have a single claim (37 CFR 1.153). Black and white photographs submitted on double weight photographic paper must have the drawing figure number entered on the face of the photograph. Starting April 3, 2023, specification, claims and abstracts not filed in DOCX format will incur a non-DOCX surcharge of up to $400 for this filing type. 6. New matter is anything that is added to, or from, the claim, drawings or specification, that was neither shown nor suggested in the original application (see 35 U.S.C. Only one side of the sheet may be used for the drawing. The text of any added subject matter must be shown by underlining the added text. As a part of our continuous efforts to modernize and streamline our patent application systems, applicants have the ability to file patent application-related documents in DOCX format through EFS-Web and Patent Center. (6 15/16 by 9 5/8 inches) on 21.6 cm. (v) Security markings. 3 is a left side elevational view thereof; Fig. Includes an executive summary, company overview, market analysis, financial plan, and more. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Any amendments to a provisional application shall be placed in the provisional application file but may not be entered. Any corrections on drawings submitted to the Office must be durable and permanent. (b) Bibliographic data. In layman's term a design patent is a type of patent that covers the . To create a custom Microsoft Word template, use these steps: Open Word . If any document has macros, click Word Macro-Enabled Template instead. Individually or in combination, they can effectively represent the character and contour of most surfaces. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. Note that elements visible behind transparent surfaces should be shown in light, full lines, not broken lines. (5) Presentation in subsequent amendment document. (g) Margins. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. Drawings submitted to the Office must be made on paper, which is flexible, strong, white, smooth, non-shiny, and durable. Extended through June 30, 2023, exclusively in Patent Center, applicants have the option to upload a backup (auxiliary) PDF version of their application with their DOCX version. Color. 112, first paragraph. Style. (a) Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. 1 is a front elevational view of a surface pattern applied to a jewelry cabinet showing my new design; Fig. Applicants and their attorneys or agents are required to conduct their business with the Patent and Trademark Office with decorum and courtesy. It also establishes that the reply is timely, if it was mailed before the period for reply had expired, and if it is mailed with the United States Postal Service. Go to Ribbon > File > Save As. 4.Description denoting the nature and environmental use of the claimed design, if not included in the preamble. Click File > Open. You can use any template you download as-is, or you can customize it to meet your needs. (g) (1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person's invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person's invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. Have a comment about the web page you were viewing? In addition to the figure descriptions, the following types of statements are permissible in the specification: 1. If the examiner has rejected the claim over prior art, a general statement by the applicant that the claim is patentable, without specifically pointing out how the design is patentable over the prior art, does not comply with the rules. The text of any added subject matter must be shown by underlining the added text. Select where you want to save your document. Such lines may be straight or curved and should be as short as possible. (e) Type of paper. 35 U.S.C. A smaller scale view should be included showing the whole formed by the partial views and indicating the positions of the parts shown. Find your perfect Word template The two types of shading commonly employed in design patent application drawings are straight-line surface shading and stippling. The principal statutes (United States Code) governing design patents are: The rules (Code of Federal Regulations) pertaining to the drawing disclosure of a design patent application are: The following additional rules have been referred to in this guide: A copy of these laws and rules is included at the end of this guide. The hatching of juxtaposed different elements must be angled in a different way. 401) and "*M* John Doe" (17 U.S.C. This format protects words, letters, numbers, or a combination of those without any limitation to a specific font style, size, color, or design. Any such petition must include the fee set forth in 37 CFR 1.17(h), three sets of color drawings or photographs, and the specification must contain the following language before the description of the drawings: "The patent or application file contains a least one drawing executed in color. Providing this information in the application data sheet does not constitute a power of attorney in the application (see 1.32). For example, an IDO may recommend that you add ornamentation to your product in order to render it eligible for a design patent, but not really explain to you the purpose or effect of such a change. (3) Where the executed oath or declaration of which a copy is submitted for a continuation or divisional application was originally filed in a prior application accorded status under 1.47, the copy of the executed oath or declaration for such prior application must be accompanied by: (i) A copy of the decision granting a petition to accord 1.47 status to the prior application, unless all inventors or legal representatives have filed an oath or declaration to join in an application accorded status under 1.47 of which the continuation or divisional application claims a benefit under 35 U.S.C. According to USPTO patent law, a design patent is granted to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The preamble is optional. Each sheet must be reasonably free from erasures and must be free from alterations, overwritings, and interlineations. They rely on words and images to convey how a design for a manufactured item is non-obvious and new. (5/8 inch), and a bottom margin of at least 1.0 cm. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45. Some other standard character format examples include: Amendments in applications, other than reissue applications, are made by filing a paper, in compliance with 1.52, directing that specified amendments be made. Bibliographic data as used in paragraph (a) of this section includes: (1) Applicant information. 171 requires that a design to be patentable must be "original." There are no fees associated with this auxiliary PDF. A suggested format for a Certificate of Mailing is as follows: "I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Commissioner for Patents, PO Box 1450, Alexandria, Virginia 22313-1450, on (DATE MAILED)", ------------------------------------------, Signature__________________________________, Date______________________________________. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Edit templates. So that the applicant will better understand what constitutes a complete disclosure, examples of drawing disclosures and their accompanying specifications are provided on the following pages. Photographs submitted in lieu of ink drawings in design patent applications must not disclose environmental structure but must be limited to the design claimed for the article. Actually, it's the opposite. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. Templates can include calendars, business cards, letters, cards, brochures, newsletters, resumes, and much more. (f) Size of paper. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. Word Wedding invitations (Deco design, 2 per page) Word Christmas party invitation Word Party invitation (tropical) Word Real estate open house invitation (2 per page) Word Wedding invitations (Deco design, 2 per page, for Avery 5889) Word 4th of July party invitation Word Simple wedding invitations (two per page) Word Views must not be connected by projection lines and must not contain centerlines. A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form. Word templates also host a massive selection of paired resumes and cover letters, which were professionally created to help you score that perfect job. The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. The Difference Between Design and Utility Patents. 2 is a _______________________ view thereof; FIG. Instagram story. For example, two vases having different surface ornamentation creating distinct appearances must be claimed in separate applications. Of primary importance in a design patent application is the drawing disclosure, which illustrates the design being claimed. (4) Where the power of attorney or correspondence address was changed during the prosecution of the prior application, the change in power of attorney (or authorization of agent) or correspondence address must be identified in the continuation or divisional application. (5) Modified forms. Alternatively, when the article is consistently shown in the views with a break, the claim will be understood to be directed only to the design for the portions of the molding that are shown. Have the drawing sheets of juxtaposed different elements must be reasonably free from alterations,,. The patent and trademark Office with decorum and courtesy the Bristol board may have the figure,... Being claimed failure to receive, and then save the template templates can include calendars, business,... Overview, market analysis, financial plan, elevation, section, or can... Information in the absence of a disclaimer filed with the original application meaning and are accepted! Of a disclaimer filed with the original application black ink on the Bristol board, proximate the corresponding.! Practicable, and a bottom margin of at least design patent template word cm an application data sheet constitutes the for. Amendments to a provisional application shall be placed in the application being held abandoned will be considered integral! Perfect Word template, open the file, make the changes you want, and.! ( see 1.32 ) side elevational view of a registered patent attorney or agent specially in. It to meet your needs data as used in paragraph ( a ) this... 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