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for Free Information: ---- design patentsThe
patent laws provide for the granting of design patents to any person
who has invented any new and nonobvious ornamental design for an article
of manufacture. The design patent protects only the appearance of an
article, but not its structural or functional features. The proceedings
relating to granting of design patents are the same as those relating
to other patents with a few differences. See current fee schedule for
the filing fee for a design application. A design patent has a term
of 14 years from grant, and no fees are necessary to maintain a design
patent in force. If on examination it is determined that an applicant
is entitled to a design patent under the law, a notice of allowance
will be sent to the applicant or applicants attorney,
or agent, calling for the payment of an issue fee. The drawing of
the design patent conforms to the same rules as other drawings, but
no reference characters are allowed and the drawing should clearly depict
the appearance, since the drawing defines the scope of patent protection.
The specification of a design application is short and ordinarily follows
a set form. Only one claim is permitted, following a set form.
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