Patent It Yourself - PDF Archive

300 | Patent it YOURSELF
To file a design application by EFS-Web, you need the
specification (Form 10-10), drawings, PAD (Form 10-1 or
PTO/SB/01), and an Application Data Sheet (ADS) (Form
PTO SB/14). Fill out the specification (Form 10-10) and
PAD as indicated previously, and the ADS as indicated
below. Convert all documents to PDF.
Expediting a Design Application:
The Design Rocket Docket
An applicant can now get a design application expedited
rapidly under the PTO’s new “Rocket Docket” procedure,
but at a stiff price. I recommend that you buy a design
rocket docket procedure only if you are selling or are
about to sell at least $50,000 worth of something which
has a valuable design and you expect it to have a short
life in the marketplace. You must first make a thorough
preliminary search. Then prepare the application as usual,
being sure to include formal drawings and include the
IDS forms and references. Then add a completed Rocket
Docket Form (“Request for Expedited Examination of a
Design Patent Application,” Form 10-12 or PTO/SB/27)
and the petition fee. The fee is on Form 10-3 and also
in Appendix 4 and at the PTO website. The blanks on
Form 10-12 are self-explanatory. On the three lines in the
middle of the form, type the classes and subclasses where
you made the search. On the “Related Applications” line
in the middle of the form type the serial numbers and
filing dates of any related design applications or patents
you own. Send everything to Box: EXPEDITED DESIGN,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA
22313-1450.
NoTe
Design Patent Applications. Design patent
applications, declarations, drawings, and receipt postcards
should be sent to the PTO using the following address:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
The same address should be used for subsequent mail
communications with the PTO regarding your application.
You’ll receive your receipt postcard back in a week or two,
and you’ll receive a filing receipt a month or so thereafter. If
you’re aware of any prior art, don’t forget to file an Information
Disclosure Statement (see Section G, above) within three
months of your filing date. You must attach copies of any
non-U.S. patent references. If the prior art is not in English, the
IDS should merely discuss how the appearance of your design
differs from such prior art. If the prior art is in English, the IDS
need not discuss such prior art.
NoTe
Plant Patent Applications. I haven’t covered
plant patent applications, since they’re extremely rare and
specialized. If you do want to file a plant application, it will be
easy to do if you familiarize yourself with this chapter and PTO
Rules 161 to 167 (37 CFR 1.161-7).
K. Summary
You may now file your application electronically via the
PTO’s EFS-Web System as well as mail. The EFS-Web
system will involve extra work but the filing fee will be
lower.
Use either the U.S. or A4 paper size when finaling
the drawings. File formal drawings if possible, since the
PTO requires formal drawings before it will examine the
application. The drawing rules require that every figure be in
clear black lines with proper margins and numbered figures
and a reference numeral for every part. The drawings should
show every feature of the invention you intend to claim.
Ideally, the drawings should almost explain the invention
itself, so as to communicate your invention better to the
examiner or a judge. Nowadays it is possible to do your own
drawings using computer-assisted drawing (CAD) software.
(Formerly drawings had to be done in India ink, which
was difficult to use.) Professional patent drafters are also
widely available. One way to make CAD drawings is to use
a digital photo and trace the outline.
The specification, claims, and abstract can be typed
on A4- or U.S.-size paper. Strive for perfect work, since
that will create fewer obstacles as your application moves
through the PTO.
Only the actual and correct inventors should be named
in the application. The essential parts of an application
filed by mail are the Postcard, Transmittal Letter, Fee
Transmittal, Check or Credit Card Payment Form,
Drawings, Specification, Claims, and Abstract, and Patent
Application Declaration. You may also wish to file a Request
for Claim Drafting by the Examiner, a Nonpublication
Request, an Assignment and its Cover Sheet, and/or an
Information Disclosure Statement (IDS), the PTO/SB/08
form, and copies of the non-U.S. patent references. To file by
EFS-Web, you need to file only the drawings, specification,