Prosecution of design patent application is not that different from prosecuting a normal utility patent application or the like. Preparing a design patent application, and further prosecution of the same, requires the knowledge of local patent law and rules, and familiarity with the practice and procedures of the designated patent office. For properly prosecuting a[…]
Design Patent, in general terms, consists of the visual ornamental characteristics embodied in any product. Since a design is manifested in its ornamental features, the protection sought in case of a design patent application may be applied to the configuration and ornamental features of the design. Like a utility patent application, the design patent application[…]
Patent claims drafting is considered by many as an art, and not particularly a precise science. That is to say that, there is no universally accepted correct or best claim for a particular disclosure. The following points provides some general tips for drafting proper patent claims, what experienced practitioners have learned and put into practice.[…]
A generic claim is a patent claim that usually includes within its scope the subject matter of narrow claims in the patent application. Generic claims are usually independent claims in the patent application, but it is not a limitation and such claims could well be dependent claims. One way to think about it is; in[…]
The office action is a document written by a patent examiner in response to a patent application after the examiner has examined the application. An office action represents the government’s official position on the pending patent application, where an examining attorney sends an office action to notify an applicant about issues with his or her[…]
Patent application is the purpose of the Abstract is to enable the Patent Office and the public to determine quickly from a cursory inspection the nature and gist of the technical disclosure. The Abstract is directed to what is disclosed in the specification, and not necessarily the claims. In other words, the Abstract is not[…]
Design patent application should include the following elements: The Preamble: The Preamble, if included, should state the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied. All information contained in the preamble will be printed on[…]
Patent Claim identifies the field of the invention. The preamble of an independent claim can summarize the type of invention, identify the relationship between the invention and the prior art, describe how the invention operates upon some external article, and define the purpose of the invention. The preamble should be realistically narrow in scope. For[…]
The Summary section is a brief and general statement of the invention. Not all jurisdictions require a summary of the invention section. However, such sections are customarily prepared in many jurisdictions even when not strictly required by national law. The Summary section is different from the Abstract, which is directed toward the disclosure as a[…]
The background is an extremely important section of a patent application. This section describes the state of the art in the particular technical area to which the patent relates and what problems remain to be solved or disadvantages accompanying the prior art solutions. The use of background sections varies among the world’s patent regimes. In[…]
