What are the requirements for a design patent application to receive a filing date?
For a design patent application to receive a filing date, it must include:
- A specification as prescribed by 35 U.S.C. 112
- At least one claim
- Any required drawings
These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as prescribed by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.
It’s important to note that unlike utility applications filed on or after December 18, 2013, design applications still require at least one claim to receive a filing date.
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Topics:
Patent Law,
Patent Procedure