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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,
ChaPter 10 | FINALING and MAILING Your APPLICATION | 301 declaration, and application data sheet; everything else is handled on the PTO’s site. Take the Declaration seriously. No changes should be made after it’s signed. If filing by mail, always include a receipt postcard with the application, which the PTO will return with the Filing Date and Serial Number. It’s best to mail your application by Express Mail to get an instant filing date and have protection in case of loss in the mail. If you are aware of prior art and circumstances relevant to patentability, be sure to file the IDS (with attachments) within three months to advise the PTO of that information. If the application will be owned by anyone other than the inventor(s), prepare and file an assignment. You can petition to make any application special (examined ahead of turn) in a simple manner if your reason is advanced age or poor health. If your reason is other than age or health, you must file a complex petition at the time of filing (although we advise against it since you have to make potentially damaging admissions). Usually there’s not much advantage in making an application special in either case. Design patent applications are easy to prepare, once the drawings are completed. Any applicant can have a design application examined quickly under an expedited procedure (“Rocket Docket”) by submitting a special petition with a stiff fee and copies of a search. l
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Appendixes 1 2 Abbreviations Used i
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Your Legal Companion A. You Don’t
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Your Legal COMPANION | 3 D. Should
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C H A P T E R 7 What Should I Do Ne
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Fig. 7A—Invention Decision Chart
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Form 3-4: Application Data Sheet—
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Positive and Negative Factors Evalu
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Searcher’s Worksheet Sheet of Inv
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Form 10-1A: Declaration for Utility
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In the United States Patent and Tra
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Design Patent Application—Preambl
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Joint Applicants—Statement of Res
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they may do so with the written con
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Form 16-4: Recordation Form Cover S
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Universal License Agreement 1. Part
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whether or not any royalty payment
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INDex | 577 Biotechnology patents e
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Bestsellers The Small Business Star
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Online Legal Forms Nolo offers a la
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Keep Up to Date 1 Go to Nolo.com/ne
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About the Author David Pressman is
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