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- 1). File an application for a design patent with the U.S. Patent and Trademark Office (uspto.gov). Use the New Patent Application checklist that details all of the information that needs to be included in the application. Using a patent attorney is highly recommended but not required. A professional will be able to better protect the design idea.
- 2). Respond to the U.S. Patent and Trademark Offices action for the design patent. Once the application has been submitted, an examination of the application will be conducted. This will include research indicating that a similar patent has not already been submitted and accepted as well as coherence of the application itself. The examiner responds to the design as either patentable or not patentable and outlines the reasoning for the decision. If the design patent was accepted, response is not required. If the design was rejected, the applicant can respond with amendments to the application for reconsideration or reexamination.
- 3). Respond to the application for reconsideration before the expiration date. The response from the office will indicate a time frame in which the application can be sent back for reconsideration or reexamination. If an applicant is unable to respond before the expiration date, an extension must be filed within six months and a fee must be paid. The The fee is calculated based on the length of time requested.
- 4). Respond a second time to a rejected application with an appeal for reconsideration to the Board of Patent Appeals and Interferences. An appeal can be filed after a final rejection has been given or the application has been rejected twice. A new application can also be filed before the previous application is considered abandoned, and the benefit of the earlier filing date can be continued.
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