How can I include a copyright notice in my design patent application?

The USPTO allows the inclusion of a copyright notice in a design patent application under specific conditions:

1. The copyright notice must be placed adjacent to the copyright material, including on the drawing if appropriate.
2. If on the drawing, the notice size must be between 1/8 inch to 1/4 inch and placed within the “sight” of the drawing below the figure.
3. The content must be limited to legally required elements (e.g., “© 1983 John Doe”).
4. A specific waiver must be included at the beginning of the specification.

The waiver should state:

“A portion of the disclosure of this patent document contains material to which a claim for copyright is made. The copyright owner has no objection to the facsimile reproduction by anyone of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent file or records, but reserves all other copyright rights whatsoever.”

Failure to include this exact language may result in an objection to the copyright notice.

To learn more:

• copyright notice
• design patent application
• USPTO policy
• patent disclosure