What is the process for addressing rejections in design patent applications?
The process for addressing rejections in design patent applications involves a dialogue between the examiner and the applicant. According to MPEP 1504:
“If the examiner determines that the claim of the design patent application does not satisfy the statutory requirements, the examiner will set forth in detail, and may additionally summarize, the basis for all rejections in an Office action.”
The applicant then has the opportunity to respond to these rejections. The MPEP further states:
“If a reply to an Office action overcomes a rejection either by way of an amendment to the claim or by providing convincing arguments that the rejection should be withdrawn, that rejection must be indicated as withdrawn in the next Office action, unless such action is a notice of allowability.”
This process allows for clarification, amendment, and argumentation to address and potentially overcome the examiner’s rejections.
To learn more: