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Industrial Design registration in the USA

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  • Design fees

Fees associated with filing industrial design applications in the USA, as well as other design fees, are available in the fee calculator.

  • The term for filing an industrial design application in U.S

The deadline for filing a U.S. design application claiming conventional priority is six months from the date of priority. The right to file the design application may be restored in case failure to meet the deadline was unintentional and if the corresponding request is submitted and the corresponding fee is paid within two months of the expiration of the 6 month period.

  • Multiple design applications

Multiple embodiments of a single concept may be filed in one design application, so long as their appearance and shape are similar.

  • Minimum filing requirements in the U.S.

- Application data sheet (if claiming priority to earlier-filed applications);
- Executed oath or declaration (may be submitted after filing date);
- Specification of design with one claim;
- Drawings.

  • Validity term

Design patents that were filed on or after May 13, 2015, have a term of 15 years from the date of issuance. Design patents filed prior to May 13, 2015, have a term of 14 years from the date of issuance.

  • Examination of a design application in U.S.

A design patent application filed in the U.S. Patent Office undergoes both formal and substantive examination. No special request needs to be filed, examination is carried out automatically.

  • Power of Attorney requirements

There is no deadline for filing a Power of Attorney in a design application. However, it should be done before the decision to grant a design patent. A copy of POA is sufficient. Legalization or notarization is not required.

  • Priority document

A priority document can be submitted at any time during registration of the design application, up to the date of payment of the issue fee. However, if priority must be perfected during registration, then a priority document will be required sooner. A priority document that is not in English must be translated into English and the translation submitted along with a copy of the original priority document.

  • Grace period

There is a novelty grace period that is stipulated for the inventor's or joint inventors' disclosure or disclosure by another person who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor. Duration of the grace period is up to one year before the actual U.S. filing date or the effective filing date of the earliest application for which the application is entitled to a right of priority.

  • Grant and patent maintenance

The issue fee for a U.S. design patent is due three months from the date of the Notice of Allowance. U.S. Design patents are not subject to maintenance fees or annuities.

  • Representation by a patent attorney

Creators may file and prosecute their applications in the U.S. Patent Office. However, it is recommended that the services of a patent attorney or patent agent, registered with the U.S. Patent Office, be utilised.

  • What can be registered

The subject matter of a design application may relate to the configuration or shape of an article, surface ornamentation applied to the article, or a combination thereof, and protects only the ornamental features of the article that can be seen (i.e., visual ornamental characteristics of an article of manufacture).

  •  Note

Online Search Database for International Designs.

Brief summary is based on the information provided by Soroker, Agmon, Nordman on 13.02.2019
Please contact us if the above information contains any discrepancies with the U.S. IP Laws.