Law & Legal & Attorney Intellectual property Law

How to Get Your Plastic Model Patent

    • 1). File the design patent application. The application includes a preamble that lists your name, the title of the design, and a brief description of the model and its use. Cross-reference any applications that may be related to the patent. Include drawings, black and white photos or descriptions of the appearance of the model, each labeled according to the view it represents. Drawings should be made with black ink on white paper, and both drawings and photos must adhere to specific patent guidelines which can be obtained directly from the patent office. To use color drawings or photos you will first have to petition the office for permission.

    • 2). Pay the filing fee, search fee and examination fee for the application. Fees change on occasion so check with the patent office when you apply. Once the application is filed you'll receive a filing receipt containing the application number and application date.

    • 3). Wait for the patent office to examine your application. During the examination process it will check for compliance with rules and with previous applications to see if your application is for a new item and therefore allowable. If the application passes the examination process you will receive your patent. If the application fails to pass the examination process, then it will be rejected and the patent office will send you a letter citing the reasons.

    • 4). Respond to the rejection with a request for application reconsideration if your application failed the examination process. You can amend any information necessary, but must address all the reasons for the rejection.

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