INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Industrial Design Laws and Regulations

Title 37, Chapter 1, ��1.151-1.155, Code of Federal Regulations

CHAPTER I -- PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
SUBCHAPTER A -- GENERAL
PART 1 -- RULES OF PRACTICE IN PATENT CASES
SUBPART B -- NATIONAL PROCESSING PROVISIONS
PATENTS
DESIGN PATENTS

Sec.

� 1.151 Rules applicable.

� 1.152 Design drawings.

� 1.153 Title, description and claim, oath or declaration.

� 1.154 Arrangement of application elements.

� 1.155 Issue of design patents.

37 C.F.R. � 1.151 Rules applicable.

The rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided.

[24 FR 10332, Dec. 22, 1959, as amended at 54 FR 34880, Aug. 22, 1989; 55 FR 18245, May 1, 1990]

37 C.F.R. � 1.152 Design drawings.

1. The design must be represented by a drawing that complies with the requirements of � 1.84, and must contain a sufficient number of views to constitute a complete disclosure of the appearance of the design.

   1. Appropriate and adequate surface shading should be used to show the character or contour of the surfaces represented. Solid black surface shading is not permitted except when used to represent the color black as well as color contrast. Broken lines may be used to show visible environmental structure, but may not be used to show hidden planes and surfaces which cannot be seen through opaque materials. Alternate positions of a design component, illustrated by full and broken lines in the same view are not permitted in a design drawing.

   2. Color photographs and color drawings are not permitted in design applications in the absence of a grantable petition pursuant to � 1.84(a)(2). Photographs and ink drawings are not permitted to be combined as formal drawings in one application. Photographs submitted in lieu of ink drawings in design patent applications must comply with � 1.84(b) and must not disclose environmental structure but must be limited to the design for the article claimed.

2. Any detail shown in the ink or color drawings or photographs (formal or informal) deposited with the original application papers constitutes an integral part of the disclosed and claimed design, except as otherwise provided in this paragraph. This detail may include, but is not limited to, color or contrast, graphic or written indicia, including identifying indicia of a proprietary nature, surface ornamentation on an article, or any combination thereof.

   1. When any detail shown in informal drawings or photographs does not constitute an integral part of the disclosed and claimed design, a specific disclaimer must appear in the original application papers either in the specification or directly on the drawings or photographs. This specific disclaimer in the original application papers will provide antecedent basis for the omission of the disclaimed detail(s) in later-filed drawings or photographs.

   2. When informal color drawings or photographs are deposited with the original application papers without a disclaimer pursuant to paragraph (b)(1) of this section, formal color drawings or photographs, or a black and white drawing lined to represent color, will be required.

[53 FR 47810, Nov. 28, 1988; 58 FR 38726, July 20, 1993; 62 FR 53132, 53195, Oct. 10, 1997]

37 C.F.R. � 1.153 Title, description and claim, oath or declaration.

1. The title of the design must designate the particular article. No description, other than a reference to the drawing, is ordinarily required. The claim shall be in formal terms to the ornamental design for the article (specifying name) as shown, or as shown and described. More than one claim is neither required nor permitted.

2. The oath or declaration required of the applicant must comply with � 1.63.

[24 FR 10332, Dec. 22, 1959, as amended at 29 FR 18503, Dec. 29, 1964; 48 FR 2712, Jan. 20, 1983]

37 C.F.R. � 1.154 Arrangement of application elements.

1. The elements of the design application, if applicable, should appear in the following order:

   1. Design Application Transmittal Form.

   2. Fee Transmittal Form.

   3. Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied.

   4. Cross-reference to related applications.

   5. Statement regarding federally sponsored research or development.

   6. Description of the figure or figures of the drawing.

   7. Feature Description.

   8. A single claim.

   9. Drawings or photographs.

   10. Executed oath or declaration (See � 1.153(b)).

2. [Reserved]

[24 FR 10332, Dec. 22, 1959, as amended at 48 FR 2713, Jan. 20, 1983; 61 FR 42790, 42806, Aug. 19, 1996; 62 FR 53132, 53196, Oct. 10, 1997]

37 C.F.R. � 1.155 Issue of design patents.

If, on examination, it appears that the applicant is entitled to a design patent under the law, a notice of allowance will be sent to the applicant, or applicant's attorney or agent, calling for the payment of the issue fee (� 1.18(b)). If this issue fee is not paid within three months of the date of the notice of allowance, the application shall be regarded as abandoned.

[47 FR 41277, Sept. 17, 1982; 59 FR 44280, Aug. 20, 1993; 62 FR 53132, 53196, Oct. 10, 1997]