DESIGN PATENT BLOG POSTS
Why Design Patent Pro (DPP) ProSearch?
Why Design Patent Pro (DPP) ProSearch? DPP ProSearch is intended to fill a gap in the resources available to design patent practitioners by providing a
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications Part 7 (Checklist)
1. Do drawing figures contain broken lines? Then a broken line statement should be included. 2. Do drawing figures not contain broken lines? Then
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 6 (Additional Common Rejections)
Common Rejections In General 1. Improperly including a broken line statement when no broken lines exist in the drawing figures. If the drawing figures
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 5 (Important General Principles)
1. Necessity of a Broken Line Statement MPEP § 1503.02 (III) entitled “Broken Lines” states “[u]nclaimed subject matter must be described as forming no
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 4 (Two Major Areas of Confusion)
Use of the Phrase “are for illustrative purposes only” The confusion over whether and how to use the phrase “are for illustration purposes only” in
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 3 (History, Development, and Current State)
To fully understand the current confusion that exists in broken line practice and how best to avoid objections and rejections, it is helpful to consider
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 2 (Avoiding Ten Common Rejections)
Many rejections to broken line statements are common and typically result from language choice that fails to satisfy the two basic requirements of precisely identifying
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 1 Introduction
The theory underlying broken line practice in design patent prosecution is relatively simple. Broken lines typically show portions of an article that form no part
Persuasive Value of Prior Design Patents and Applications
Updated March 5, 2024. Applicants responding to rejections and objections can use the Design Patent Pro (DPP) ProSearch database to search for and cite prior
When can portions of a solid line be converted to broken lines?
The prosecution history of USD1,012,864 (Portion of A Plastic Deep Electrical Junction Box) serves as a a reminder of when portions of a solid line
Why Get A Design Patent?
Why Get A Design Patent? Historically, design patents have enjoyed a mixed reputation. Many are relatively easy to obtain and to design around, which has
Prosecution History Estoppel in Design Patent Cases
Prosecution history estoppel (PHE) may prevent a finding of infringement when the patentee originally claims the matter alleged to infringe but then narrows the claim