How do you prosecute a Design Patent Application?

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How do you prosecute a Design Patent Application? Video Transcript

Here I am going to discuss how one prosecutes a design patent application. There are set rules the Patent Office has for filing and prosecuting a design patent application. Usually, there is just one simple claim with a drawing which illustrates exactly the ornamental features of the design patent that is being protected. There is a 14 year term to the design patent. It is much shorter than the 20 years from the filing date of a utility application. Design patents issue a lot faster. They are usually issued within one to two years of filing of the design patent rather than the typical three to five years of a utility application. There is a procedure the Patent Office has under 35 U.S.C. 120 to convert a design patent to a utility patent application but it is really done rarely. These are some of the things that one needs to do to prosecute a design patent through the Patent Office. You mainly need to file it with the figure that displays the ornamental features and follow the exact rules the Patent Office has to get it on file. Within one to two years the patent should issue.

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