What are the special considerations for filing design patent applications?

Design patent applications have some special considerations compared to other types of patent applications:

• Filing Date: For design applications (except CPAs), the filing date is when the USPTO receives the specification (including at least one claim) and any required drawings.
• Continued Prosecution Application (CPA): Design applications can be filed as CPAs under 37 CFR 1.53(d), but this option is not available for utility or plant applications.
• Claims: Unlike utility applications, design applications must include at least one claim at the time of filing to receive a filing date.
• Drawings: Drawings are crucial in design applications and must be filed with the initial application to secure a filing date.

The MPEP 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 required 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 while utility and plant applications filed on or after December 18, 2013, can receive a filing date without claims or drawings, this flexibility does not extend to design applications.

To learn more:

• design patent
• patent application
• USPTO
• filing requirements