Sheldon Mak & Anderson - USIP.com

Monday, January 31, 2011

U.S. Design Patent Application - Don't Forget the Request for Expedited Examination!


Given the Patent Office's new found vigor in approving certain applications, next time you file a U.S. design patent application, definitely consider also filing a Request for Expedited Examination.  Our newest record is a mere 56 days from application filing date to Notice of Allowance!  Now THAT is getting protection quickly.

Unlike in utility patents, the REE procedure with U.S. design patents is relatively simple.  Basically you just submit the results of a novelty search, and file the requisite request form.   Since a regular design case can take up to 2-3  years to prosecute, for the right subject matter, the time savings and speed to protection are well worth the extra costs. 

Another quick way to get registration protection is with expedited Copyright applications.   You can get your application examined in about 10 business days.  Moreover, Copyrights have longer terms (could be more than 100 years, compared to the 14 years for design patents).  But then not all designs are subject to Copyright protection.  



Danton Mak