How does the filing date for a design patent application differ from utility patents?
The filing date for a design patent application is determined differently from utility patent applications. According to 35 U.S.C. 171(c):
“The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.”
This means that to secure a filing date for a design patent application, you must submit:
- The specification that meets the requirements of 35 U.S.C. 112
- Any required drawings
Unlike utility patent applications, which can sometimes secure a filing date without drawings, design patent applications typically require drawings as they are essential to showing the ornamental design. It’s important to ensure that all necessary documents are filed together to establish the earliest possible filing date.
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