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Did you
know that the first design
patent issued in the United States was issued on November 9,
1842, to George Bruce of New York? The USPTO searchable online
database does not have a text copy of this patent available,
undoubtedly because the design patent was handwritten. It is,
however, possible to obtain an image version of the first design
patent by going to the Patent
Search engine provided by the USPTO, searching D1 in a
patent number search, and then clicking on images. The image
available purports to be the best available copy of the design
patent, but it is indeed very hard to read.
One particularly surprising aspect of this design patent is that
there are no images or drawings. The design patent itself covered a
new typeface, which was described in words rather than by claiming
the ornamental design shown, as would be the case today. Another
interesting aspect of this first design patent is the candor of the
patentee. Mr. Bruce explains the apparent lack of newness of his
design on the second page of the issued patent:
I do not pretend that I am the first who have cast the Types called
Script, nor the first who have cast them of the size called Double
Small Pica, nor to originality in the outlines of any of the types
for which I now ask a patent, nor do I wish to prevent other founders
from cutting and casting similar and better articles. But these Types
are different from all others in their size, proportions, details and
impressive effects, combining peculiarities by which they are
distinguishable from all others, and these as a whole I claim to be
mine . . .
Today, any description in a design patent application is not
necessary, although not strictly prohibited. Nevertheless, most
patent professionals will not include a written description because
the design patent once issued will be defined by the drawings that
are present. In fact, the drawings are the most important element of
the design patent application. Every design patent application must
include either a drawing or a black and white photograph of the
claimed design. While many would think that photographs would be
better, because a competent patent illustrator can show three
dimensions in drawings it is best to have detailed patent
drawings rather than photographs. |
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Because the drawing or photograph constitutes the entire visual
disclosure of the claim, it is of the utmost importance that the
drawing or photograph be clear and complete. The design drawing or
photograph must comply with the disclosure requirements of 35 U.S.C.
112, first paragraph. In order to meet these requirements of 35
U.S.C. 112, the drawings or photographs must include a sufficient
number of views to constitute a complete disclosure of the appearance
of the design claimed. What this means is that normally there will be
at least six different figures (or views) required. These would
include a top, bottom, front, back, left and right views. There is,
however, no need to repeat a view, so if your invention were a
typical golf ball there would be only 1 view required because all
views would be the same.
At the time Mr. Bruce was awarded his design patent the term for design
patents was seven years, which was half of the length of
protection then awarded to inventions as the result of a utility
patent. In 1861, the design patent law was amended to allow the
applicant to elect between a three and one-half, seven, or fourteen
year term, with higher fees due if the applicant selected either of
the two longer terms. The Patent Fee Act of 1982 abolished the
varying term for design patents, and ushered in what today is the
familiar fourteen year term for design patents.
If you would like assistance in filing a design patent application I
highly recommend you contact LegalZoom.com.
With the information you provide they can quickly and easily provide
all the completed forms you will need, and they can also obtain high
quality, professional design patent drawings
For more information about design patents see:
US
Patent Office FAQs About Design Patents
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